Patna High CourtCR. MISC./4625/2024partly allowed disposal

Rakesh Kumar Singh @ Gajendra Singh v. The State Of Bihar

2024-02-09Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4625 of 2024 Arising Out of PS. Case No.-141 Year-2023 Thana- GANGTA District- Munger ====================================================== 1.

Rakesh Kumar Singh @ Gajendra Singh S/O Naval Kishore Singh Resident Of Village- Milki, Gangta More, P.S. Gangta District- Munger 2.

Dimpal Kumari @ Dimpal Devi W/O Rakesh Kumar Singh Resident Of Village- Milki, Gangta More, P.S. Gangta District- Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satyendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Umanath Mishra, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-02-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 363, 366A/34 of the Indian Penal Code.

3. Allegation against the petitioners is that they along with other co-accused, Neeraj Kumar have kidnapped the niece of the informant.

4. It is submitted by learned counsel for the petitioners that the petitioners are innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case. There is

Patna High Court CR. MISC. No.4625 of 2024(2) dt.09-02-2024 2/2 specific allegation on Niraj Kumar who is son of the petitioners. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He further submits that the victim is still trace less. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

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

6. Having regard to the facts and circumstances of the case, petitioner no.2 is female, let the above named petitioner no.2, be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Gangta P.S. Case No.141 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

7. The victim is still traceless hence, I am not inclined to grant anticipatory bail to the petitioner no.1.

8. This application is party allowed.

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