Anil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58412 of 2024 Arising Out of PS. Case No.-66 Year-2024 Thana- CHACKMEHSI District- Samastipur ====================================================== Anil Kumar Son of Sanjeet Das Village- Somnaha Mirzanagar, Ward No.15, Police Station- Chakmehsi, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party/s :
Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-10-2024 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.
2. The petitioner seeks bail in Chackmehsi P.S. Case No. 66 of 2024, instituted for the offences punishable under Sections 363, 366-A, 341, 323, 506, 34 of the Indian Penal Code.
3. The prosecution case, in short, is that, the coaccused Nitish Kumar along with other co-accused persons kidnapped the daughter of the informant on the point of gun.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for
Patna High Court CR. MISC. No.58412 of 2024(4) dt.26-10-2024 2/3 the petitioner also submits that the FIR has been lodged against four named accused persons and the petitioner is not named in the FIR. The petitioner has been made accused in this case during course of investigation for the reason that he is cousin brother of co-accused Nitish Kumar. It is further submitted that no specific allegation has been attributed against the petitioner. Co-accused Nitish Kumar has forcibly kidnapped the minor daughter of the informant on the point of gun. As per knowledge of the petitioner there was love affair between the victim girl and co-accused Nitish Kumar and both left their house and solemnized marriage. The victim girl left her house on her own will. The petitioner is in custody since 19.06.2024 and has got no criminal antecedent.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.58412 of 2024(4) dt.26-10-2024 3/3 below/concerned Court in connection with Chackmehsi P.S. Case No. 66 of 2024.
(Rudra Prakash Mishra, J) Rajorshi/- U T