Patna High CourtCR. MISC./8931/2020bail granted

Raushan Kumar v. The State Of Bihar

2020-02-29Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8931 of 2020 Arising Out of PS. Case No.-59 Year-2019 Thana- TARAPUR District- Munger ====================================================== Raushan Kumar Son of Jhopari Tanti Resident of Village - Mahanpur, P.S.- Tarapur, District- Munger ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Avinash, Adv.

For the Opposite Party :

Mr.Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-02-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner apprehends his arrest in connection with Tarapur P.S. Case No. 59 of 2019 for the offence punishable under Section 366/A/34 of the Indian Penal Code. The allegation is regarding the accused persons having enticed the victim girl and the petitioner is stated to have kidnapped her in order to solemnize marriage with her. The learned counsel for the petitioner has submitted that the petitioner is innocent and is having a clean antecedent and has got no complicity in the matter. It is further submitted, by referring to the statement made by the victim girl under Section 164 Cr.P.C., before the learned Magistrate, that the same would show that the victim girl is a major and she has

Patna High Court CR. MISC. No.8931 of 2020(2) dt.29-02-2020 2/2 stated to have voluntarily gone with the petitioner and solemnized marriage with her and has also desired to live with the petitioner as his wife.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner, I deem it fit and proper to direct for release of the petitioner on anticipatory bail.

Accordingly, in the event of arrest or surrender in the court below within a period of four weeks from today, the petitioner above named is directed to be released on anticipatory bail on furnishing bail-bonds of Rs. 10,000/-(rupees ten thousand) with two sureties of the like amount to the satisfaction of learned Additional Chief Jucidial Magistrate-IV, Munger with Tarapur P.S. Case No. 59 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) K.K.RAO/- U T