Bishnu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66511 of 2022 Arising Out of PS. Case No.-531 Year-2020 Thana- JAHANABAD District- Jehanabad ====================================================== Bishnu Kumar, Son of Binay Pandit, Resident of Village-Nagauli, P.S.- Bhgwanganj, District- Patna ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ranjay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 25-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The accused/petitioner named in the FIR apprehends his arrest in connection with Jehanabad (Karauna OP) P.S. Case No.531 of 2020 registered for the offences punishable under Sections 363 and 366A of the Indian Penal Code. The allegation against the petitioner is to kidnap the minor daughter of the informant along with other co-accused persons for the purpose of illicit intercourse / marriage. It is submitted by learned counsel for the petitioner that the thrust of allegation as per the FIR is available against co-accused Raj Babar Kumar @ Raj Babbar Kumar, who has already been granted anticipatory bail by one of the learned coordinate Bench of this Court vide order dated 06.12.2022 passed in Cr. Misc. No.47775 of 2022. It is also submitted that

Patna High Court CR. MISC. No.66511 of 2022(4) dt.25-04-2023 2/2 allegation of detention after kidnapping is available against coaccused Raj Babar Kumar @ Raj Babbar Kumar and not against this petitioner as per the statement of the victim recorded under Section 164 of the CrPC.

The learned Additional Public Prosecutor opposes the prayer for bail.

In view of the above-mentioned facts and circumstances, as thrust of allegation is available against coaccused Raj Babar Kumar @ Raj Babbar Kumar, who has already been granted bail by one the co-ordinate Bench of this Court, the petitioner, in the event of his arrest or surrender in the court below within a period of four weeks from today, be released on 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 learned Chief Judicial Magistrate, Jehanabad/concerned court in connection with Jehanabad (Karauna O.P.) P.S. Case No.531 of 2020 subject to the conditions as laid down under Section 438(2) of the CrPC. (Chandra Shekhar Jha, J.) Sanjeet/- U T