Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66831 of 2021 Arising Out of PS. Case No.-322 Year-2021 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== MUKESH KUMAR Son of Ram Bharos Bhagat Resident of VillageChailahan, Amwa Tola, P.S.- Benjariya, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhurendra Kumar, Advocate For the Opposite Party/s :

Mr.Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in a case registered under Sections 363, 366, 379, 504, 506/34 of the Indian Penal Code.

Allegation is that the accused persons including the petitioner entered in the house of the informant and abducted his wife.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner

Patna High Court CR. MISC. No.66831 of 2021(2) dt.24-03-2022 2/2 has falsely been implicated in the present case. The main allegation is against the co-accused, namely, Munchun Kumar Thakur, who is stated to have taken the wife of the informant. It is further submitted that there had been love affairs between said Munchun Kumar Thakur and the victim. As far as the petitioner is concerned, it is alleged that the petitioner assisted said Munchun Kumar Thakur in abduction of the victim. No overt act is alleged against the petitioner. On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Motihari Muffasil P.S. case No.322/21, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T