Ujjawal Kumar @ Tapan @ Tapan Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71188 of 2021 Arising Out of PS. Case No.-25 Year-2020 Thana- JAGDISHPUR District- Bhojpur ====================================================== UJJAWAL KUMAR @ TAPAN @ TAPAN KUMAR SINGH S/O LALITESHWAR KUMAR SINGH R/o village- Kahen, P.S.- Jagdishpur, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yugal Kishore For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-08-2022 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Sections 363, 366, 342, 376/34 of the Indian Penal Code.

As per the prosecution case, this petitioner is alleged to be friend of co-accused namely Avinash Kumar and Mukesh Kumar, who are alleged to have kidnapped and later, committed rape with the informant.

It is submitted on behalf of petitioner that as per F.I.R. itself, specific allegation of kidnapping and rape is against other co-accused persons. So far as this petitioner is concerned, he has been made accused in this case only because he is friend of coaccused Avinash Kumar and Mukesh Kumar. It is further

Patna High Court CR. MISC. No.71188 of 2021(3) dt.31-08-2022 2/2 submitted that the victim (informant) in her statement recorded under Section 164 Cr.P.C. has not alleged anything against this petitioner. Petitioner has got clean antecedent. Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances as well as statement of the victim recorded under Section 164 Cr.P.C., let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st, Bhojpur at Ara in connection with Jagdishpur P.S. Case No. 25 of 2020, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T