Abhimanyu @ Abhimanyu Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58286 of 2024 Arising Out of PS. Case No.-211 Year-2023 Thana- KUTUMBA District- Aurangabad ====================================================== Abhimanyu @ Abhimanyu kumar Singh S/o Kamlesh Singh R/O Village -Kanthi Bigha, P.S- kutumba, District-Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukul Kumari, Advocate For the Opposite Party/s :
Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 16-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Kutumba P.S. Case No. 211 of 2023 dated 15.09.2023, instituted for the offence punishable under Sections 366/34 of the Indian Penal Code.
3. The prosecution case, in short, is that on 10.09.2023 at about 05:00 am, the daughter of the informant went out from her house but did not return. The informant tried to search her daughter but she failed. The informant alleged that her daughter used to talk with Rani Kumari and Abhimanyu (petitioner) and suspected that petitioner has abducted her daughter.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.58286 of 2024(3) dt.16-12-2024 2/3 petitioner is innocent and he has been falsely implicated in this case. It is further submitted that during course of investigation, a letter was found from the room of the victim. The said letter was handed over to the I.O. by the parents of the victim, which is the part of case diary. From perusal of letter of the victim, it appears that victim has left her house with her own sweet will. Nothing has been mentioned against the petitioner and Rani Kumari in the said letter. Learned counsel further submitted that the present FIR has been lodged after a delay of five days without any plausible explanation. It is next submitted that only on the basis of suspicion, the petitioner and his sister have been made accused in this case. It is further stated that the victim girl is aged about 18 years, which means that she is major. Lastly, it has been submitted that petitioner has no criminal antecedents.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Kutumba P.S. Case No. 211 of 2023, he/they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with
Patna High Court CR. MISC. No.58286 of 2024(3) dt.16-12-2024 3/3 two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VI, Aurangabad, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Khatim Reza, J) Sankalp/- U T