Anuj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76461 of 2023 Arising Out of PS. Case No.-501 Year-2023 Thana- BARACHATTI District- Gaya ====================================================== Anuj Kumar Son Of Chet Narayan Prasad Resident Of Village - Musehana, P.S.- Barachatti, District - Gaya, Pin- 824201. ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satyabir Bharti with Mr. Abhishek Anand and Mr. Kanpuriya, Advocates For the Opposite Party/s :
Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 363, 364 of the Indian Penal Code.
3. As per prosecution case, petitioner along with other co-accused persons are alleged to have abducted the son of the informant and kept him in a closed room.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to dirty village politics. He has committed no offence. Petitioner is not named in the FIR and the same has been lodged against unknown person. The victim boy has been recovered and
Patna High Court CR. MISC. No.76461 of 2023(3) dt.06-02-2024 2/3 whatever allegation made against the petitioner in the prosecution case, is totally baseless and concocted because the victim has not been recovered from the possession of the petitioner and no any ransom demand has been executed. He submitted that the present FIR has been registered as a counter blast of Barachatti P.S. Case No. 622 of 2020 for the offences under Sections 302, 307 of the IPC against the informant's son. He further submitted that one Khagiya Devi, who happens to be the grandmother of the petitioner alleged that on 09.01.2020 at about 6:30 PM, she was making chapatti and her husband was sitting next to her, was stabbed by the informant's son because he has registered some land in the name of his daughter (petitioner's mother).
The informant's son had slit the throat of Late Ghanshyam Mahto due to which he died and other sustained injury. In order to harass the petitioner and his family members, the informant had also filed complaint case under sections 147, 323, 354, 379, 452, 427, 34 of the IPC and Sections 3⁄4 of the Prevention of Witch Practices Act against the petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 28.07.2023.
5. The application for bail is opposed by learned APP
Patna High Court CR. MISC. No.76461 of 2023(3) dt.06-02-2024 3/3 for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Chief Judicial Magistrate, Sherghati, Gaya in connection with Barachatti P.S. Case No. 501 of 2023.
(Sunil Kumar Panwar, J) Arish/- U T