Aditya Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12856 of 2025 Arising Out of PS. Case No.-106 Year-2024 Thana- BHAGWANPUR HAT District- Siwan ====================================================== Aditya Kumar Son of Guddu Prasad Resident of Village- Kauriya, Tole Raman Ray, P.S. -Bhagwanpur Hat, District -Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Javed Aslam For the Opposite Party/s :
Mr. Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-04-2025
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 363, 366(A) and 34 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that his minor grand daughter aged about 17 years was kidnapped by Rohit and the petitioner.
4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is further submitted that the date of occurrence is 21.03.2024 and the F.I.R. came to be instituted on 24.03.2024 i.e. after a delay of three days without any plausible explanation.
Patna High Court CR. MISC. No.12856 of 2025(2) dt.02-04-2025 2/3 It is further submitted that victim and Rohit were in love as such they eloped and the petitioner being brother of Rohit came to be implicated. It is also submitted that from the Admit card of the victim annexed as Annexure-2 to the anticipatory bail application, it would manifest that her date of birth is recorded as 12.08.2005 as such on the date of occurrence the victim was 18 years 7 months. It is further submitted that the victim has come back and her statement under section 164 Cr.P.C. was recorded under parental pressure, as such she implicated the petitioner. It is also submitted that petitioner will not abscond rather will co-operate in the investigation to prove his innocence.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Siwan in connection with Bhagwanpur Hat P.S.
Patna High Court CR. MISC. No.12856 of 2025(2) dt.02-04-2025 3/3 Case No.106/2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
7. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that the petitioner despite giving assurance to this court is not co-operating in the investigation in that event the learned trial court shall be at liberty to cancel the bail bonds of the petitioner. (Satyavrat Verma, J) amit/- U T