Sujit Kumar @ Sujit Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12229 of 2024 Arising Out of PS. Case No.-405 Year-2022 Thana- BHELDI District- Saran ====================================================== Sujit Kumar @ Sujit Kumar Yadav son of Awadhesh Rai @ Awadhesh Kumar Yadav Village- Aloni Ps- Garkha Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Yadav, Advocate For the Opposite Party/s :

Mr. Nagendra Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-04-2024 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 363, 366(A), 504/34 of the Indian Penal Code.

3. According to F.I.R., this petitioner along with other accused persons kidnapped the minor daughter of the informant for the purpose of marriage.

4. Learned counsel for the petitioner submits that negotiation on marriage was going on between the parties and on refusal by father of the petitioner to marry the petitioner with daughter of the informant this false and concocted case has been lodged. As per the F.I.R., date of occurrence is 26.11.2022 and the instant case has been lodged after inordinate delay of 10 days which itself creates doubts upon the veracity of the

Patna High Court CR. MISC. No.12229 of 2024(3) dt.18-04-2024 2/2 prosecution case. He next submits that during course of investigation it was found that the informant is still in her own house and this false case has been lodged only with a view of harass the petitioner and his family members. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Saran at Chapra in connection with Bheldi P. S. Case No. 405 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T