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Patna High CourtCR. MISC./70527/2024allowed

Sudhir Yadav @ Sudhir Kumar v. The State Of Bihar

2024-10-22Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70527 of 2024 Arising Out of PS. Case No.-52 Year-2022 Thana- JHAJHA District- Jamui ====================================================== Sudhir Yadav @ Sudhir Kumar S/O Chintamani Yadav R/O Village Sugwa Uddan, P.S.-Jhajha District-Jamui ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Omkar Yadav S/O Late Hari Yadav R/O Village- Purani Bajar Lala Toli, P.S.- Jhajha, Dist- Jamui ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pankaj Kumar Sinha For the Opposite Party/s :

Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 366/34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner along with other co-accused is said to have kidnapped the minor daughter of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that

Patna High Court CR. MISC. No.70527 of 2024(2) dt.22-10-2024 2/2 the victim in her statement under Section 164 of Cr.P.C. has not disclosed the name of the petitioner. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and the fact that the victim has not taken the name of the petitioner in her statement under Section 164 of Cr.P.C., 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 Jhajha P.S. Case No. 52 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T