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Patna High CourtCR. MISC./74606/2022allowed

Pappu Kumar @ Pappu Kumar Yadav @ Pappu Yadav v. The State Of Bihar

2023-03-28Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74606 of 2022 Arising Out of PS. Case No.-64 Year-2022 Thana- JALE District- Darbhanga ====================================================== PAPPU KUMAR @ PAPPU KUMAR YADAV @ PAPPU YADAV S/o Kari Yadav R/o village- Khoriya Tola, P.S.- Jalley, Distt- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-03-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 363, 366 of the Indian Penal Code.

The allegation against the petitioner is that he is involved in the kidnapping of the married daughter of the informant. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. There is no eye witness in the present case to support

Patna High Court CR. MISC. No.74606 of 2022(2) dt.28-03-2023 2/2 the prosecution case. He further submits that the victim girl has already been recovered by the police and she has not supported the allegation of kidnapping against the petitioner in her statement recorded u/s 164 of Cr.PC. The victim, herself, stated that her husband namely, Rajesh Yadav was mentally ill, therefore, she fled away with the petitioner. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his/her 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 Jalley P.S. Case No.64 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T