Chintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12289 of 2023 Arising Out of PS. Case No.-290 Year-2021 Thana- HILSA District- Nalanda ====================================================== Chintu Kumar Son Of Hare Ram Prasad @ Hareram Prasad R/O VillageMadarpur, P.S.- Hilsa, District- Nalanda At Biharsharif ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Kumar For the Opposite Party/s :

Mr. Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 363 and 366(A)/34 of the Indian Penal Code pending in the learned court below.

As per the prosecution case, all the accused persons are said to have kidnapped the daughter of the informant aged about 17 years.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that from perusal of the mark sheet of secondary school examination board of the victim it is clearly mentioned her date of birth is 24.09.2000 and the alleged

Patna High Court CR. MISC. No.12289 of 2023(2) dt.18-05-2023 2/2 occurrence is of 10.06.2021, which really shows the age of the victim girl is 20 years (major) as such no offence under Section 366(A) of the I.P.C. is attracted. He further submits that similarly situated other co-accused person has already been granted bail by a bench of this Court vide order dated 11.05.2023 passed in Cr. Misc. No. 7009/2023. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Hilsa P.S. Case No.290/2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ajay/- U T