Rahul Kumar Yadav @ Rahul Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16479 of 2024 Arising Out of PS. Case No.-341 Year-2023 Thana- RANIGANJ District- Araria ====================================================== Rahul Kumar Yadav @ Rahul Raj Son of Ajeet Yadav @ Ajeet Kumar Yadav Resident of Parmanandpur, Ward No. 07, Police Station- Raniganj, DistrictAraria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anamul Haque, Advocate For the Opposite Party/s :

Mr.Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Raniganj P.S. Case No. 341 of 2023 registered under Sections 363, 366A and 34 of the Indian Penal Code lodged on 30.08.2023 by the informant, Ravindra Kumar Jha.

3. As per the prosecution story, the informant has alleged that in the evening, whenhis daughter had gone to temple, was taken away by the petitioner along with Lalan Yadav and Pranav Yadav. When they went to the house of this petitioner, the family members abused which followed the FIR.

4. Learned counsel for the petitioner submits that they were in relationship, the girl went on her own, returned, made a

Patna High Court CR. MISC. No.16479 of 2024(2) dt.14-03-2024 2/3 statement under Section 164 of the Cr.P.C. stating that she is major and as her father wanted to marry her to an old aged person and assault her, she went along with her and has married.

5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail.

6. Considering the aforesaid facts that has come in the observation of the learned Sessions and the categorical statement made by her under Section 164 of the Cr.P.C. that she has married the petitioner and is major, this Court is inclined to grant him privilege of anticipatory bail.

7. Let the petitioner, in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned SDJM, Araria in connection with Raniganj P.S. Case No. 341 of 2023 subject to condition as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive

Patna High Court CR. MISC. No.16479 of 2024(2) dt.14-03-2024 3/3 dates without plausible reason will entail cancellation of his/her bail bond by the Trial court itself;

(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;

(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Jagdish/- U T