Anant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53200 of 2019 Arising Out of PS. Case No.-124 Year-2019 Thana- HILSA District- Nalanda ====================================================== Anant Kumar Son of Rajendra Singh Resident of Mohalla - Majhauli, P.S.- Khushrupur, Distt - Patna.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Jay Ram Prasad, Advocate For the Opposite Party :

Mr.Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks pre-arrest bail in connection with Hilsa P. S. Case No.124 of 2019 registered under Section 366A/34 of the Indian Penal Code.

It is contended by the learned counsel for the petitioner that the victim has already been recovered and her statement under Section 164 of the Code of Criminal Procedure has been recorded wherein she has not uttered a word against the petitioner. It is further contended that the name of the petitioner has been given by the father of the victim merely on suspicion. The petitioner has got no criminal antecedent and having got roots in the society, he is not likely to abscond or tamper with the evidence.

Patna High Court CR. MISC. No.53200 of 2019(3) dt.16-11-2019 2/2 Learned Additional Public Prosecutor for the State has opposed the prayer for grant of pre-arrest bail. However, he admitted that in her statement under Section 164 of the Code of Criminal Procedure, the alleged victim has not named the petitioner.

Considering the submissions made at the Bar, in the event of arrest or surrender before the court below, the petitioner named above is directed to be released on bail on furnishing bail bond of Rs.10,000/- ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa, Nalanda in Hilsa P. S. Case No.124 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) kanchan/- U T