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Patna High Court/59954/2022allowed

Anand Kumar @ Appu v. The State Of Bihar

2023-02-16Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59954 of 2022 Arising Out of PS. Case No.-359 Year-2022 Thana- BHAGWAN BAZAR District- Saran ====================================================== Anand Kumar @ Appu S/O Sri Dwarika Soni @ Dwarika Prasad R/V- Fidar Bazar, Daulatganj, P.S.- Bhagwan Bazar, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar Sinha For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-02-2023 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner has filed the instant application for grant of regular bail in connection with Bhagwan Bazar P.S. Case No. 359 of 2022 registered under sections 366A and altered Sections 364 and 302 of the Indian Penal Code. Prosecution case relates to abduction of the daughter of the informant, when she went to her coaching class, but did not return for three days. Thereafter, it has come to know that a dead body of unknown lady was found in the mortuary of Sadar Hospital, Chhapra and the body came from main gate of Manjhi Railway Station after that informant identified the body as his daughter.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.59954 of 2022(3) dt.16-02-2023 2/3 petitioner is innocent and has committed no offence. He has falsely been implicated in this present case due to mala fide intention. Petitioner is not named in F.I.R. rather his name came into light in this case on the basis of suspicion by the informant in his restatement. It is further submitted that the victim /deceased and the petitioner are in love affairs and she oftenly meet to this petitioner and fled away with him in the year 2019. According to postmortem report, the cause of death is due to heavy running object. Except suspicion, nothing has come against the petitioner. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. He is languishing in judicial custody since 02.08.2022.

The application for bail is vehemently opposed by learned APP for the State and learned counsel for the informant.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Bhagwan Bazar P.S. Case No. 359 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand)

Patna High Court CR. MISC. No.59954 of 2022(3) dt.16-02-2023 3/3 with two sureties of the like amount each to the satisfaction of the learned A.C.J.M-I, Saran at Chhapra.

(Sunil Kumar Panwar, J) shubham/- U T