Naval Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7251 of 2024 Arising Out of PS. Case No.-169 Year-2023 Thana- KATRA District- Muzaffarpur ====================================================== NAVAL KUMAR S/O- SHIVNARAYAN RAY R/O- VILLAGE- DEOGAN, P.S.- KATRA, DIST.- MUZAFFARPUR.

... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR, PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Kumar Singh No. I For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 10-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Katra P.S. Case No. 169 of 2023 dated 23.06.2023 registered for the offence punishable u/s 363 and 366A of the Indian Penal Code.

3. As per the prosecution case, the petitioner is alleged to have kidnapped the minor daughter of the informant for the purpose of marriage. When the informant went to the house of the co-accused for inquiry, the accused persons started abusing and assaulting him.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in

Patna High Court CR. MISC. No.7251 of 2024(3) dt.10-04-2024 2/2 para 3 of the bail petition. There is nothing on the record which show that the victim was forced to have illicit intercourse with another person. Learned counsel has submitted that the victim is not traceless.

5. Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioner. It is further submitted that the victim in her statement recorded u/s 164 of the Cr.P.C has supported the prosecution story.

6. Considering the aforesaid facts and circumstances of the case as well as the material available on the record, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Muzaffarpur in connection with Katra P.S. Case No. 169 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

7. This application stands allowed.

(Chandra Prakash Singh, J) Ranjeet/- U T