Patna High CourtCR. MISC./67471/2023bail granted

Rajnish Kumar v. The State Of Bihar

2023-10-19Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67471 of 2023 Arising Out of PS. Case No.-163 Year-2023 Thana- WARISLIGANJ District- Nawada =============================================== ======= RAJNISH KUMAR LATE ANIL KUMAR VILLAGE- SIMRI DIH PS- WARISALIGANJ, DISTT- NAWADA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Man Mohan Kumar , Advocate For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-10-2023 At the outset, learned counsel for the petitioner seeks permission to make correction in the paragraph one of the bail petition.

2. Permission is granted.

3 . Heard learned counsel for the petitioner and the State.

4. Petitioner apprehends arrest in a case registered for the offence punishable under section 363

Patna High Court CR. MISC. No.67471 of 2023(2) dt.19-10-2023 2/3 and 366 ( A ) of the Indian Penal Code.

5 . As per the FIR, minor daughter of the informant went missing on 28.03.2023 . Accordingly , F.I.R was lodged against unknown .

6. Learned counsel for the petitioner submits that the name of the petitioner has transpired during course of investigation . It is further submitted that victim in her statement recorded under section 164 Cr. P .C . has denied the prosecution case and submits that no one has kidnapped her. Petitioner claims clean antecedent. 7 . Learned counsel for the State opposes the bail petition of the petitioner.

8 . Considering the statement of victim recorded under the section 164 Cr. P .C . and also other circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, 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 the learned Judicial Magistrate , 1st Class, Nawada in connection

Patna High Court CR. MISC. No.67471 of 2023(2) dt.19-10-2023 3/3 with Warisaliganj P.S. case No. 163 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

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