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Patna High CourtCR. MISC./69786/2022allowed

Pinkesh Kumar v. The State Of Bihar

2023-02-28Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69786 of 2022 Arising Out of PS. Case No.-164 Year-2022 Thana- SUPAUL District- Supaul ====================================================== PINKESH KUMAR Son of Dinesh Mandal R/V- Piperrahi, Ward No. 13, P.SNauhatta, Dist- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra, Adv.

For the Opposite Party/s :

Mr.Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-02-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner apprehends his arrest in a case registered for the offence punishable u/s 365 of the IPC.

Allegation against the petitioner is that he along with other accused have kidnapped the daughter of informant. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. Petitioner is not named in the F.I.R. No such occurrence, in the manner as alleged, has ever taken place. The victim in her statement recorded u/s 164 Cr.P.C. has not supported the prosecution case and age of the victim has been assessed by the medical board between 19-20 years. Petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.69786 of 2022(2) dt.28-02-2023 2/2 Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case and considering the statement of the victim, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Supaul P.S. Case No.164/2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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