Arav Raj @ Anshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69283 of 2022 Arising Out of PS. Case No.-481 Year-2022 Thana- GANDHIMAIDAN District- Patna ====================================================== ARAV RAJ @ ANSHU KUMAR SON OF SRI SARYUG SINGH R/O MOHALLA- BHOOTNATH ROAD,JANTA FLAT, P.S.- AGAMKUAN, DISTRICT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Nandan Prasad, Adv.

Mr. Vishesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 09-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail, who is in custody since 27.07.2022 in connection with Gandhi Maidan P.S. Case No. 481 of 2022, F.I.R. dated 28.07.2022, for the offences punishable under Sections 363 and 365 of the Indian Penal Code.

According to prosecution case, some unknown person abducted the daughter of the informant and her friend while they went to school.

Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case merely on the basis of suspicion.

Patna High Court CR. MISC. No.69283 of 2022(3) dt.09-05-2023 2/3 He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. He further submits that the victim girls were recovered and their statements were recorded under Section 164 of the Cr.P.C., in which they have not supported the case, as alleged in the F.I.R. and both the victims have refused for their medical examination, and the police, after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 27.07.2022. Learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released 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 J.M., Patna in connection with Gandhi Maidan P.S. Case No.481/2022, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient

Patna High Court CR. MISC. No.69283 of 2022(3) dt.09-05-2023 3/3 reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) amit/- U T