Mahesh Bhuiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74740 of 2022 Arising Out of PS. Case No.-93 Year-2022 Thana- DHANSOI District- Buxar ====================================================== 1.

MAHESH BHUIYA Son of Kailash Bhuiya Resident of village - Chaptahi, P.S.- Dhansoi, District - Buxar, Bihar.

2.

Vinod Bhuiya Son of Pragash Bhuiya Resident of village - Chaptahi, P.S.- Dhansoi, District - Buxar, Bihar.

3.

Adishan Kumar @ Adisan bhuiya Son of Kailash Bhuiya Resident of village - Chaptahi, P.S.- Dhansoi, District - Buxar, Bihar. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manoj Kumar Singh For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-07-2023 Heard both sides.

2. Petitioners apprehend their arrest in connection with Dhansoi P.S. Case No.93 of 2022, registered for the offence punishable under Sections 363, 366 and 34 of the Indian Penal Code.

3. Accusation is of kidnapping the daughter of the informant.

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in the present case. Petitioners have got no criminal antecedent as stated in paragraph-3 of the bail petition. It is further submitted

Patna High Court CR. MISC. No.74740 of 2022(3) dt.20-07-2023 2/2 that statement of the victim was recorded under Section 164 Cr.P.C. in which she has not supported the prosecution case.

5. Learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioners.

6. Considering the fact that victim girl has not supported the prosecution case in her statement recorded under Section 164 Cr.P.C., let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, Buxar in connection with Dhansoi P.S. Case No.93 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) S.KUMAR/- U T