Shubham Kumar @ Shivam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55024 of 2019 Arising Out of PS. Case No.-72 Year-2019 Thana- MANSI District- Khagaria ====================================================== 1.

SHUBHAM KUMAR @ SHIVAM KUMAR Son of Arbind Poddar 2.

Rohan Kumar @ BMP Son of Pawan Sah Both Resident of Village - Amani, P.S.- Mansi, District - Khagaria. (Khagaria).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Kishor Poddar For the Opposite Party/s :

Mr.Pancha Nand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-09-2019 The petitioners apprehend their arrest in connection with Mansi P.S.Case No. 72 of 2019 registered under Sections 363 and 366A 272 and 273 of the Indian Penal Code. Allegation, as per FIR, is that daughter of the informant was abducted by Lalchand Sada with the help of the petitioners. Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case inasmuch as only allegation against the petitioners is that victim girl had proceeded along with Lalchand Sada at e-Rickshaw of petitioner no. 1. Learned counsel for the petitioners filed a supplementary affidavit stating there that the girl has been recovered and relying upon Annexure-2 to the same, which is statement of the

Patna High Court CR. MISC. No.55024 of 2019(2) dt.03-09-2019 2/2 girl recorded under Section 164 Cr.P.C., submits that the victim girl has not stated anything against the petitioners. He submits that the victim girl in her statement has only stated against coaccused Lalchand Sada. After having heard learned counsel for the parties and taking into consideration the fact that the victim girl in her statement under Section 164 Cr.P.C. did not disclose any incriminating material against the petitioners, accordingly, I am inclined to grant anticipatory bail to the petitioners. Let the petitioners, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned CJM, Khagaria in connection with Mansi P.S.Case No. 72 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U T