Patna High CourtCR. MISC./80443/2023allowed

Banti Kumar @ Anurag Kumar @ Anurag v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80443 of 2023 Arising Out of PS. Case No.-358 Year-2023 Thana- ARA MUFFSIL District- Bhojpur ====================================================== Banti Kumar @ Anurag Kumar @ Anurag Son Of Bijendra Prasad Singh @ Bijendra Prasad R/O Village- Udhamanpur, P.S.- Barhara, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 366 of the Indian Penal Code.

3. As per the prosecution case, allegation against the petitioner is that he had kidnapped the daughter of the informant with ill intentions.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the statement of the victim was recorded under Section 164 of Cr.P.C., in which she has not supported the prosecution case.

Patna High Court CR. MISC. No.80443 of 2023(2) dt.18-12-2023 2/2 Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and the fact that the victim, in her statement u/s 164 of Cr.P.C., has not supported the prosecution case, let the above named petitioner, be released on bail, in the event of his 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 Ara Muffasil (Dhobaha O.P.) P.S. Case No. 358 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) anand/- U T