Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4664 of 2020 Arising Out of PS. Case No.-530 Year-2019 Thana- HAJIPUR District- Vaishali ====================================================== RAHUL KUMAR Son of Hari nandan Paswan Resident of Village - Hela Bazar, P.S.- Hajipur Town, Dist.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-02-2020 Heard learned counsels for the parties.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 366 and 366A/34 of the IPC.

The prosecution case as per the written report of Harendra Sah submitted to the SHO, Hajipur Town Police Station is to the effect that on 8.6.2019 at 8.00 O'clock, the daughter of the informant, namely, Gunja Kumari aged about 17 years, was abducted by the four accused persons including the petitioner.

It is submitted by learned counsel for the petitioner that for the occurrence of 8.6.2019, the FIR was registered on 14.6.2019 and earlier also, the informant had lodged a case of the same nature in which the victim denied the

Patna High Court CR. MISC. No.4664 of 2020(2) dt.29-02-2020 2/3 accusation. The petitioner and the daughter of the informant are major, certificate to that effect has been brought on record as Annexure 2 series. It is further submitted that the both claim to have performed married. Statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the thrust of accusation is against the petitioner.

Considering the nature of accusation, the documents brought on record suggesting that the daughter of the informant is major, coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the petitioner above named be released on provisional anticipatory bail for three months in the event of arrest or surrender within three weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Vaishali at Hajipur in connection with Hajipur Town P.S. Case No.530 of 2019 subject to the conditions laid down in Section 438(2) of the Cr.P.C. The petitioner will produce the victim girl before the learned Court below on 18th March, 2020 and if the

Patna High Court CR. MISC. No.4664 of 2020(2) dt.29-02-2020 3/3 victim admits that she has performed marriage with the petitioner on her own, the provisional anticipatory bail of the petitioner will be confirmed by the learned Court below, otherwise the petitioner will surrender and pray for regular bail.

(Dinesh Kumar Singh, J) anil/- U