Himanshu Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Himanshu Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail allowed: release on bail on arrest or surrender before the learned Court below within six weeks, on bail bond of Rs. 25,000/- with two sureties of the like amount each, in connection with Parbatta P.S. Case No. 168 of 2023, subject to Section 438(2) Cr.P.C. conditions.

Issue for consideration

Whether anticipatory bail should be granted to petitioner Himanshu Kumar, who apprehends arrest in Parbatta P.S. Case No. 168 of 2023 registered for offences punishable under Sections 366(A)/34 of the Indian Penal Code.

Court's answer

Anticipatory bail granted: petitioner to be released on bail in the event of his arrest or surrender before the learned Court below within six weeks, on furnishing a bail bond of Rs. 25,000/- with two sureties of the like amount each, in connection with Parbatta P.S. Case No. 168 of 2023, subject to the conditions under Section 438(2) Cr.P.C.

Ratio / Principle

Grant of anticipatory bail rests on the court's consideration of the facts and circumstances of the case together with the victim's statement under Section 164 Cr.P.C.

Detailed headnote1 paragraphs

Anticipatory bail granted - Patna High Court (Anjani Kumar Sharan, J), Criminal Miscellaneous No.58884 of 2024, order dated 19-11-2024: allowed anticipatory bail to petitioner Himanshu Kumar apprehending arrest in connection with Parbatta P.S. Case No. 168 of 2023, District Khagaria, registered for offences punishable under Sections 366(A)/34 IPC (petitioner alleged, along with co-accused, to have abducted the informant's sister). Counsel submitted the allegation was general and omnibus, the victim's statement recorded under Section 164 Cr.P.C. did not support the prosecution, and the petitioner had no criminal antecedent (para-3 of the application); the learned APP opposed bail. Considering the facts and circumstances and the victim's Section 164 Cr.P.C. statement, the court directed release on bail upon arrest or surrender within six weeks on furnishing a bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each, subject to the conditions laid down under Section 438(2) Cr.P.C.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58884 of 2024

Arising Out of PS. Case No.-168 Year-2023 Thana- PARBATTA District- Khagaria

======================================================

Himanshu Kumar S/O Kailash Sah R/O Village- Deori, P.S.- Parbatta, Distt.Khagaria.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Ranjeet Kumar Singh For the Opposite Party/s : Mr. Humayou Ahmad Khan ======================================================

CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

3 19-11-2024

Heard learned counsel for the petitioner and learned

A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 366(A)/34 of the Indian Penal Code.

As per the prosecution case, the allegation against the petitioner is that he along with other co-accused persons had abducted the sister of the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that that statement of the victim was recorded under Section 164 of the Cr.P.C., in which she has not supported the prosecution

Patna High Court CR. MISC. No.58884 of 2024(3) dt.19-11-2024 2/2

case. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposes prayer for anticipatory bail.

Considering the facts and circumstances of the case and the statement of the victim under Section 164 of 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 Parbatta P.S. Case No. 168 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J)

anand/- U T