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Patna High CourtCR. MISC./58042/2019allowed

Chandan Kumar v. The State Of Bihar

2019-11-16Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58042 of 2019 Arising Out of PS. Case No.-302 Year-2019 Thana- BIHARSHARIF District- Nalanda ====================================================== CHANDAN KUMAR, Male, aged about 20 years, Son of Bali Paswan, Resident of Mohalla - Banaulia, P.S.- Biharsharif, Distt - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Ranjan Sinha, Adv.

For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 365 of the Indian Penal Code.

Prosecution case is that the informant gave statement before the Officer Incharge P.S. Bihar, District-Nalanda. On 26.04.2019 at 10.00 a.m. by daughter Sony Kumari aged about 27 years alongwith her friend Anjali Kumari, D/o Shashi Paswan visited the market but never came back, then after enquiry of Anjali Kumari, Anjali Kumari gave the statement that she had gone to Rajeev Kumar son Ishwar Paswan. After thorough searching informant's daughter was not returning in the house till date.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.58042 of 2019(3) dt.16-11-2019 2/2 petitioner is innocent and has committed no offence and the allegation against is that totally false and concocted. There is specific allegation against Rajeev Kumar.

Learned counsel for the petitioner further submits that the daughter of informant is aged about 27 years and accused Rajeev Kumar is aged about 21 years with consent fled away without son and daughter. The petitioner has no concern with the informant's daughter and also mentioned mobile number in the FIR is of no concern or is not in the name of the petitioner. In the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Nalanda at Biharsharif, in connection with Bihar P.S. Case No. 302 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) amitkumar/- U T