Anant Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3234 of 2023 Arising Out of PS. Case No.-129 Year-2022 Thana- SANOKHAR District- Bhagalpur ====================================================== Anant Choudhary S/O Anandi Choudhary @ Anandi Mandal R/O VillageNayatola, Dhankhar, P.S- Sanokhar, District- Bhagalpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 363, 365 of the Indian Penal Code and Section 302 of Indian Penal Code.

The prosecution case in nutshell is that minor daughter of the informant, namely, Anupam Kumari was playing outside the house and went missing. It is further alleged that even after intense search, she could not be traced.

Patna High Court CR. MISC. No.3234 of 2023(3) dt.02-05-2023 2/3 It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor there is any eye witness of the alleged occurrence. The name of petitioner sprang up in this case on the confessional statement of coaccused Anita Devi. From perusal of the case diary vide para 20,21,28,29, it appears that dead body of the informant's daughter has been recovered on the basis of statement of Anita Devi. There is no strong circumstantial evidence against the petitioner. Moreover, the petitioner is languishing in judicial custody since 28.11.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody,

Patna High Court CR. MISC. No.3234 of 2023(3) dt.02-05-2023 3/3 this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Sanokhar P.S. Case No. 129 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Bhagalpur.

(Sunil Kumar Panwar, J) Nirajkrs/- U T