Lokesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69904 of 2021 Arising Out of PS. Case No.-545 Year-2021 Thana- JAHANABAD District- Jehanabad ====================================================== LOKESH KUMAR Son of Grja Chaudhary Resident of Village - Horilganj, P.S.- Jehanabad Town, Dist.- Jehanabad.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ratanakar Jha, Advocate For the Opposite Party/s :

Mr.Manoj Kumar, 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.

Further, learned counsel for the petitioner submits that in the prayer portion of the application, due to typographical error, the name of the court below has wrongly been typed as "Chief Judicial Magistrate, Madhubani" in place of "Chief Judicial Magistrate, Jehanabad".

Let in the prayer portion of the application, the words "Chief Judicial Magistrate, Madhubani" be corrected to be read as "Chief Judicial Magistrate, Jehanabad".

The petitioner is apprehending his arrest in a case

Patna High Court CR. MISC. No.69904 of 2021(2) dt.24-03-2022 2/3 registered under Sections 363/365 of the Indian Penal Code. Allegation is that the accused persons including the petitioner abducted the daughter of the informant. 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 has falsely been implicated in the present case. From perusal of the order of the Sessions Court, it is evident that the victim has been recovered. Her statement under Section 164 Cr.P.C. has been recorded, in which she has stated that she has got married with the co-accused, namely, Rahul Kumar out of her own will. The allegations made in the F.I.R. are not supported by the victim. The alleged date of occurrence is 24.

08.2021 and the case has been instituted on 01.09.2021. Delay has not been explained by the prosecution. 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.

Patna High Court CR. MISC. No.69904 of 2021(2) dt.24-03-2022 3/3 the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Jehanabad Town P.S. case No.545 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T