Rambabu Prasad@ Rambabu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18347 of 2021 Arising Out of PS. Case No.-1205 Year-2019 Thana- AHIYAPUR District- Muzaffarpur ====================================================== RAMBABU PRASAD@ RAMBABU KUMAR Son of Satynaryan Prasad Resident of Village - and P.O. and P.S.- Bochan, Distt.- Muzaffarpur. Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyendra Kumar Sinha For the Opposite Party/s :

Mr.A.PP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-01-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.

Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Ahiyapur P.S. Case no. 1205 of 2019 instituted for the offence under Sections 363, 366-A/34 of the Indian Penal Code.

Prosecution case relates to kidnapping of minor daughter of the informant when she was accompanying her aunty for prayer of goddess Durga at Jamalabad Math. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.18347 of 2021(3) dt.11-01-2022 2/2 has submitted that petitioner is innocent and has committed no offence. It appears from para-30 of the case diary that out of her own sweet will daughter of the informant went to Delhi with the petitioner and performed marriage in temple with him. She was at the verge of majority at the time of occurrence. She did not support the prosecution version in her statement recorded under Section 164 Cr.P.C.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Ahiyapur P.S. Case no. 1205 of 2019, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Muzaffarpur subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U T