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Patna High CourtCR. MISC./76909/2024allowed

Ashish Kumar @ Pravesh Kumar v. The State Of Bihar

2025-03-07Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76909 of 2024 Arising Out of PS. Case No.-72 Year-2022 Thana- CHANAN District- Lakhisarai ====================================================== Ashish Kumar @ Pravesh Kumar S/O Damru Yadav R/O Village- Rampur, P.S- Chanan, District- Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabi Bhushan For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-03-2025 Heard learned counsels for the parties.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 366/34 of the Indian Penal Code.

3.

As per the FIR, the petitioner and other co-accused persons took away the wife of the informant and snatched her ornaments and cash.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has 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. The occurrence took place on13.04.2022 and the FIR

Patna High Court CR. MISC. No.76909 of 2024(3) dt.07-03-2025 2/2 was lodged on 09.05.2022 i.e. after a delay of 26 days and there is no credible explanation regarding the said delay. The wife of the informant was at her matrimonial house on the date of lodging of the FIR. Petitioner has no criminal antecedent. 5.

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

6.

Having regard to the facts and circumstances of the case, since there is delay in lodging of FIR, 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 Chanan P.S. Case No.72 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