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Patna High CourtCR. MISC./79832/2023allowed

Sheoram Kumar @ Shivram Kumar v. The State Of Bihar

2023-12-18Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79832 of 2023 Arising Out of PS. Case No.-8 Year-2023 Thana- BELCHHI District- Patna ====================================================== SHEORAM KUMAR @ SHIVRAM KUMAR S/o KISHORI THAKUR R/o Vill - Heganpura, P.S. - Noorsarai, Dist - Nalanda, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ritesh Kumar For the Opposite Party/s :

Mr. Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-12-2023 Heard the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 366(A) of the Indian Penal Code.

3. The allegation against the petitioner is that he kidnapped the sister of the informant for the purpose of marriage.

4. 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. He further submits that the victim has not supported

Patna High Court CR. MISC. No.79832 of 2023(2) dt.18-12-2023 2/2 the prosecution case in her statement recorded u/s 164 of Cr.PC. He further submits that after investigation, police has filed final form against the petitioner but differing with the same learned Court below took cognizance against him. 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 as the victim has not supported the prosecution 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 Belchhi P.S. Case No.08 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T