Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88872 of 2024 Arising Out of PS. Case No.-192 Year-2024 Thana- DIGHWARA District- Saran ====================================================== Sonu Kumar S/o- Naresh Bhagat @ Ram Naresh Sah R/o Village- Manupur PS-Dighwara Distt- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Ms. Khushi Awadh, Advocate For the State :
Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-04-2025 Heard learned counsels for the parties.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 363, 366A and 34 of the Indian Penal Code.
3. As per prosecution case, in the night of 03.06.202404.06.2024, informant found that her minor daughter is missing from the house. It is further alleged that daughter of informant had love affair with co-accused Aman Kumar and when informant enquired from father of co-accused Aman Kumar he told her that his son has taken away minor daughter of informant and she would return in two to four days. Hence, the present F.I.R. was lodged.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has
Patna High Court CR. MISC. No.88872 of 2024(3) dt.02-04-2025 2/3 committed no offence. From bare perusal of the F.I.R. it is apparent that specific accusation of taking away minor daughter of informant is against co-accused Aman Kumar. Petitioner is not named in the F.I.R.. Name of petitioner transpired during course of investigation on the basis of statement of victim recorded under Section 164 of the Cr.P.C. where she has alleged that this petitioner assisted co-accused Aman Kumar in kidnapping her. There is no allegation of sexual assault against this petitioner. Petitioner has falsely been implicated in this case merely because he happens to be brother of co-accused Aman Kumar. Petitioner claims clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the aforesaid facts and circumstances, nature of accusation and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial
Patna High Court CR. MISC. No.88872 of 2024(3) dt.02-04-2025 3/3 Magistrate-II, Saran at Chhapra in connection with Dighwara P.S. Case No. 192 of 2024, subject to condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J) shashank/- U T