Ashutosh Kumar @ Mitthu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3142 of 2023 Arising Out of PS. Case No.-108 Year-2021 Thana- NATHNAGAR District- Bhagalpur ====================================================== ASHUTOSH KUMAR @ MITTHU Son of Binay Mandal Resident of Village - Naya Tola Sahpur, P.S.- Nathnagar, District - Bhagalpur. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajive Ranjan Singh For the Opposite Party/s :
Mr.Md. Anbzarul Haque Sahara ====================================================== 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 apprehends his arrest in connection with Nathnagar P.S. Case No.108 of 2021, registered for the offences punishable under Sections 366(A), 379 and 34 of the Indian Penal Code.
Accusation is of kidnapping the daughter of the informant.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no criminal antecedent as stated in paragraph-3 of the bail petition. It is further submitted that at present the victim girl is residing with the petitioner. It is submitted that the victim girl has not supported the prosecution
Patna High Court CR. MISC. No.3142 of 2023(2) dt.17-03-2023 2/2 case in her statement recorded under Section 164 Cr.P.C. The learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioner. Considering the fact that the victim girl has not supported the prosecution case in her statement recorded under Section 164 Cr.P.C., let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-VIcum-Special Judge, POCSO, Bhagalpur in connection with Nathnagar P.S. Case No.108 of 2021, subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anjani Kumar Sharan, J) S.KUMAR/- U T