Ankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.735 of 2024 Arising Out of PS. Case No.-194 Year-2022 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Ankaj Kumar Son of Shankar Das R/o vill - Nirpur, P.S. - Muffasil, Dist. - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 29-01-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner apprehends his arrest in connection with Samastipur (Muffasil) P.S. Case No.194 of 2022 registered for the offence under Sections 341, 323, 354(B), 406, 420, 366, 504, 379, 511/34 of the Indian Penal Code. 3.

The allegation against the petitioner is to have kidnapped the minor daughter of the informant and also demanded cash of Rs.5,00,000/-.

4.

Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated. It is submitted that from perusal of FIR-cum-complaint petition, it

Patna High Court CR. MISC. No.735 of 2024(2) dt.29-01-2024 2/3 appears that the present case arises out of complaint petition bearing Complaint Case No.528 of 2022, which was filed after delay of one month. It is also submitted that from perusal of order dated 22.08.2022 passed by Additional Sessions Judge, 6th Samastipur, it appears that victim girl was recovered from the possession of Udhay Mahto, who is not named in the FIR. It is further submitted that the statement of victim as recorded under Section 164 of the Cr.P.C. is deviated from the earlier statement. It is also submitted that petitioner a man of clean antecedent. 5.

Learned APP appearing on behalf of the State, opposes the prayer of bail of the petitioner. 6.

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner abovenamed be released on bail upon furnishing bail bonds of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 2nd Class, Samastipur in connection with Samastipur (Muffasil) P.S. Case No.194 of 2022, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 with a further condition that one of the bailors of the petitioner shall be

Patna High Court CR. MISC. No.735 of 2024(2) dt.29-01-2024 3/3 close relative of the petitioner.

(Ramesh Chand Malviya, J) S.Katyayan/- Mayank/- U T