Badal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6389 of 2024 Arising Out of PS. Case No.-411 Year-2020 Thana- BHAGWAN BAZAR District- Saran ====================================================== Badal Kumar Son of Murlidhar Gupta Resident of Professor Colony, P.S.- Purnea, Distt.-Purnea.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ajit Kumar Singh, Advocate For the Opposite Party/s :

Mr. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 17-02-2024 Heard Mr. Ajit Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. Gulnar Begum, learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in connection with Bhagwan Bazar P.S. Case No.411 of 2020, registered under Section 365 of the Indian Penal Code.

3. As per the allegation made in the FIR, the accused person named therein had kidnapped the daughter of the informant with an intent to wrongfully confine her.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner has not committed the crime, as alleged in the FIR the daughter of the informant eloped with him and she performed marriage with the petitioner. Her statement under Section 164 of the Code of Criminal Procedure

Patna High Court CR. MISC. No.6389 of 2024(2) dt.17-02-2024 2/2 was recorded, in which she has denied the allegation made in the FIR.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the rival submission made on behalf of the parties, as well as, statement of the victim recorded under Section 164 of the Code of Criminal Procedure, in which she has denied the allegation made in the FIR, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. Court below is directed to release the petitioner on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned A.C.J.M. 1st, Chapra in connection with Bhagwan Bazar P.S. Case No.411 of 2020, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J.) Ashishsingh/- U T