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Patna High CourtCR. MISC./71952/2022allowed

Mukesh Kumar v. The State Of Bihar

2023-03-17Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71952 of 2022 Arising Out of PS. Case No.-191 Year-2021 Thana- GORAUL District- Vaishali ====================================================== MUKESH KUMAR S/o Ganesh Rai R/o Village- Piroi, P.S.- Gorul, DisttVaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar Thakur For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 363, 366(A), 504 and 506/34 of the Indian Penal Code pending in the learned court below.

As per the FIR, all the accused persons are said to have forcibly taken the daughter of the informant and fled away. In the aforesaid occurrence, one Mukesh Kumar has been identified by the informant, while other persons could not be identified.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the the statement of the victim girl

Patna High Court CR. MISC. No.71952 of 2022(2) dt.17-03-2023 2/2 was recorded under Section 164 Cr.P.C. which she stated that she has not been kidnapped nor abducted by the accused persons. He submits that the victim girl further stated in her statement recorded under Section 164 Cr.P.C. that petitioner is enjoying conjugal life happily with her. He further submits that petitioner have got no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Gorul P.S. Case No.191 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ajay/- U T