Shubham Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75149 of 2019 Arising Out of PS. Case No.-196 Year-2019 Thana- MUFFASIL District- West Champaran ====================================================== 1.

Shubham Kumar, Son of Kanhaiya Lal @ Kanhaiyalal Prasad, R/o VillagePiuni Bag Ward No.32, Basawariya, P.S.- Bettiah Town, District- West Champaran.

2.

Shivam Kumar, Son of Kanhaiya Lal @ Kanhaiyalal Prasad, Resident of Village- Piuni Bag Ward No.32, Basawariya, P.S.- Bettiah Town, DistrictWest Champarn ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 02-12-2019 Heard learned counsel for the petitioners and the learned counsel appearing on behalf of the State. The petitioners are apprehending their arrest in connection with Bettiah Muffasil P.S. Case No.196 of 2019 registered for the offence punishable under Section 366A/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the entire allegation was motivated and the victim girl in her statement made under Section 164 Cr.P.C. has clearly stated that she was not being kidnapped. It is further submitted that the victim girl in her statement has stated that she had gone to her grandmother's place and then she came to the Station and

Patna High Court CR. MISC. No.75149 of 2019(2) dt.02-12-2019 2/2 thereafter went to the Police Station where she was apprehended and her statement was recorded. Learned counsel thus submits that the allegation being controverted by the victim girl herself, the petitioners may be granted the privilege of anticipatory bail. Considering the aforementioned facts and circumstances, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Bettiah Muffasil P.S. Case No.196 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Anjana Mishra, J) PNM U T