Shrawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2870 of 2019 Arising Out of PS. Case No.-157 Year-2018 Thana- Vishnupad District- Gaya ====================================================== Shrawan Kumar, aged about 21 years Male, S/O Rajendra Yadav Resident of Village-Kamwan P.O.- Kadhariya, P.S.- Tankuppa, District-Gaya ... ... Petitioner/s

Versus

The State Of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-01-2019 Heard learned counsel for the petitioner.

Petitioner is seeking anticipatory bail in connection with Vishnupad P.S. Case No.157 of 2018 dated 01.08.2018 registered for the offences punishable under Sections 356 and 366 (A) of the Indian Penal Code.

Learned counsel for the petitioner submits that in fact, the whole story of kidnapping of the victim girl as alleged in the F.I.R. is false and concocted. The victim girl was a student of Class-XII when she herself left her house and went to Delhi where she met this petitioner who happens to be her old friend. Learned counsel submits that from the statements made under Section 164 Cr.P.C it would appear that the victim girl has not made any allegation against this petitioner rather she has stated that she had gone to Delhi on her own and has solemnized

Patna High Court Cr.Misc. No.2870 of 2019(2) dt.28-01-2019 2/2 marriage with this petitioner. She also expressed her desire to live with this petitioner.

Learned APP for the State is not present to oppose the prayer for bail.

In the given facts and circumstances, taking note of the statement of the victim girl made under Section 164 Cr.P.C, this Court is willing to grant anticipatory bail to the petitioner. In case of arrest or surrender of the petitioner within a period of four weeks from today, the abovenamed petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.15,000/- (rupees fifteen thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M, Gaya in connection with Vishnupad P.S. Case No.157 of 2018. The petitioner shall join the investigation by reporting to the Investigating Officer within a period of two weeks from today and shall cooperate in course of investigation. This will be in addition to condition prescribed under Section 438(2) of the Cr.P.C. (Rajeev Ranjan Prasad, J) R.R.Ojha/- U T