Vishnu Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79962 of 2024 Arising Out of PS. Case No.-633 Year-2024 Thana- MADHEPURA District- Madhepura ====================================================== Vishnu Das Son of Late Suresh Das Resident of Village - Santu Gali, Singheshwar Ward No.9, P.S. - Singheshwar, District - Madhepura ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Sikendra Prasad Yadav Son of Late Faudar Yadav Resident of Village - Mohanpur Ward No.1, P.S. - Madhepura, District - Madhepura ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Prasad Singh, (Sr. Adv.) Ms. Shakshi Deep (Adv.) For the Opposite Party/s :
Mr. Surya Narayan Yadav, (Adv.) Mr. Rajendra Prasad Yadav, (Adv.) For the State :
Ms. Pushpa Sinha I, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 10-12-2024 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Madhepura P.S. Case No. 633 of 2024 instituted for the offence under Sections 363, 366(A) and 34 of the Indian Penal Code.
3. The case of the prosecution is that the petitioner along with two others and four-five unknown miscreants came to the house of the informant. Suraj was having a weapon in his hand. It is further alleged that Mahesh Das kidnapped the minor
Patna High Court CR. MISC. No.79962 of 2024(2) dt.10-12-2024 2/3 daughter of the informant. It is also alleged that the accused persons also threatened the informant of dire consequences.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. During course of argument, learned counsel for the petitioner has submitted that from perusal of the order of the trial court, it is clear that the victim has given her statement under Section 164 of the Cr.P.C., wherein she has ruled out the story of her kindapping rather she has stated that she has married with co-accused namely, Mahesh Dash out of her own will. In any view of the matter, main thrust of allegation is against Mahesh Das.
5. In contra, learned APP appearing for the State and learned counsel for the informant have opposed the prayer of bail of the petitioner.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Madhepura P.S. Case No. 633 of 2024, he
Patna High Court CR. MISC. No.79962 of 2024(2) dt.10-12-2024 3/3 will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Madhepura subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Ashok Kumar Pandey, J) Sudhanshu/- U T