Himanshu Kumar @ Himanshu @ Himansu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86660 of 2024 Arising Out of PS. Case No.-205 Year-2023 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== Himanshu Kumar @ Himanshu @ Himansu S/o Pawan Jamadar Resident of Village- Karwariya, Police Sttion- Hathauri, Distt.- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shambhu Nath Jha, Advocate For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-01-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 366 (A)/ 34 of the IPC. 3.

Allegedly, the petitioner along with other co-accused persons is said to have kidnapped the minor daughter of the informant.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. As per FIR, date of occurrence is 20.06.2023 but FIR was lodged on 14.07.2023 i.e. after the delay of 24 days without any proper explanation for the

Patna High Court CR. MISC. No.86660 of 2024(2) dt.08-01-2025 2/2 delay. It is further submitted that statement of victim was recorded under Section 164 of Cr.P.C. in which she has not supported the prosecution case. It is further submitted that there is love relation between the petitioner and daughter of the informant and marriage between them has already been solemnized and a girl child was also born. Petitioner has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case and the fact that victim has not supported the prosecution case in the statement recorded under Section 164 Cr.P.C., 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 L.N.M.U. Darbhanga P.S. Case No.205 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) priyanka/- U T