Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65434 of 2019 Arising Out of PS. Case No.-258 Year-2018 Thana- KATHAIYA District- Muzaffarpur ====================================================== RAHUL KUMAR, son of Krishna Ray @ Krishna Kumar Ray, rVDistauliyan, P.S.- Kathaiya, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-11-2019 The petitioner apprehends his arrest in connection with Kathaiya P. S. Case No. 258 of 2018 registered under Sections 401,402 and 414 of the Indian Penal Code and 25(1-B)A/26/35 of the Arms Act.

Petitioner is not named in the FIR. Learned counsel for the petitioner submits that name of the petitioner has been dragged in this case on the basis of statement made by one of the witnesses namely Nitu Devi during investigation. He further submits that due to love affairs a case under Section 363 and 364 of the Indian Penal Code was lodged against the petitioner in which the petitioner was granted bail. Learned counsel further submits that due to the aforesaid case, petitioner has been implicated falsely on the basis of statement made before the police by Nitu Devi.

Patna High Court CR. MISC. No.65434 of 2019(2) dt.07-11-2019 2/2 Having regard to the submissions made by the parties and taking into consideration the fact that petitioner is not named in the FIR as such I am inclined to grant anticipatory bail to the petitioner.

Let the petitioner, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned ACJMII, West Muzaffarpur in connection with Kathaiya P.S.Case No. 258 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U T