Gulshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69661 of 2022 Arising Out of PS. Case No.-89 Year-2022 Thana- BELDOUR District- Khagaria ====================================================== GULSHAN KUMAR Son of Amir Paswan Resident of village - Nawada, P.S.- Choutham, Dist.- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar, Adv.

For the Opposite Party/s :

Mr.Damodar Prasad Tiwary, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 364, 379/34 of the Indian Penal Code.

Allegedly, co-accused Md. Sakil and petitioner, who is driver of Bolero, kidnapped his grand daughter aged about 15 years.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case on the basis of suspicion. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that there is love affair between co-accused Md. Sakil and the victim and the

Patna High Court CR. MISC. No.69661 of 2022(3) dt.19-05-2023 2/2 victim left her house with her own sweet will. Petitioner is not involved in the alleged occurrence of abduction. Petitioner is not the driver of the alleged Bolero. It is further submitted that statement of the victim has been recorded under Section 164 Cr.P.C., in which she has not supported the prosecution case. Petitioner has one criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail. Considering the facts and circumstances of the case as well as the statement of the victim under Section 164 Cr.P.C., 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 Beldaur P.S. Case No. 89 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T