Ujawal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56763 of 2019 Arising Out of PS. Case No.-533 Year-2019 Thana- SHASTRINAGAR District- Patna ====================================================== UJAWAL KUMAR, aged about 19 years, Male, Son of Manoj Kumar, Resident of Village- Lakhni Bigha, P.S.- Danapur, District- Patna ... Petitioner

Versus

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

For the Petitioner :

Mr. Sumeet Kumar Singh, Adv.

For the Opposite Party :

Mr. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-09-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Shastri Nagar P.S. Case No. 533 of 2019 for the offences alleged under Sections 363 and 366 of the Indian Penal Code. The accusation is that daughter of the informant, aged about 13 years, moved from the apartment to purchase some articles on 17.06.2019 in the morning, but, did not return till late evening. Earlier his daughter was teasing by Shivam Kumar and Ujwal Kumar (petitioner), but, due to prestige he did not lodge any case raised suspicion against Shivam Kumar and Ujwal Kumar (petitioner).

Learned counsel appearing for the petitioner submits that it would appear from the first information report that the petitioner and Shivam Kumar have been named in the first information report mere on suspicion. After lodging of the present case, the statement of the daughter of the informant was recorded under Section 164 of the Criminal Procedure Code in

Patna High Court CR. MISC. No.56763 of 2019(2) dt.06-09-2019 2/2 which she has clearly stated about moving from apartment due to torture of her parents and stayed at Railway Station and after exhausting money she returned back. She has not stated any role in her moving with the petitioner. Petitioner has no criminal antecedent.

Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Shastri Nagar P.S. Case No. 533 of 2019 shall be released on pre-arrest bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Sub Judge IV-cumAdditional Chief Judicial Magistrate, IV, Patna, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code.

(Rajendra Kumar Mishra, J) Shamshad/- U T