Prem Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7587 of 2024 Arising Out of PS. Case No.-548 Year-2022 Thana- ALOULI District- Khagaria ====================================================== Prem Kumar, Son of Rajkumar Mukhiya, Resident of Village- Parastol, Budhaura, P.S.-Alouli, Distt.-Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Indrajit Kumar, Advocate For the Opposite Party/s :
Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 09-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. In this case, the petitioner is apprehending his arrest in connection with Alauli P.S. Case No. 548 of 2022, registered for the offences under Section 366(A) of the Indian Penal Code.
3. As per prosecution case, the minor daughter of the informant went missing. Subsequently, the informant got in touch with his daughter through mobile phones on three different numbers. One such number belonged to this petitioner and two numbers were in the name of co-accused Pramod Mukhiya.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The statement of the victim girl has been recorded under
Patna High Court CR. MISC. No.7587 of 2024(3) dt.09-04-2024 2/3 Section 164 Cr.P.C. wherein she stated that she was having love affair with the petitioner. She further stated that she left her home on saying of this petitioner and went to Chattisgarh and she wanted to marry the petitioner. However, she has also stated that she went to Chattisgarh with co-accused Pramod Mukhiya and she married with him. Petitioner is having clean antecedent.
5. Learned APP opposes the prayer for anticipatory bail.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the voluntary act of the daughter of the informant and also considering the clean antecedent of the petitioner coupled with possibility of false implication, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria/court concerned in connection with Alauli P.S. Case No. 548 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions: (i) One of the bailors will be a close relative of the
Patna High Court CR. MISC. No.7587 of 2024(3) dt.09-04-2024 3/3 petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(Arun Kumar Jha, J) balmukund/- U T