Gulshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15068 of 2019 Arising Out of PS. Case No.-218 Year-2018 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== GULSHAN KUMAR Son of Sikandar Kumar Resident of Village - Itwa, PSTown, Distt - Begusarai. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Babita Kumari For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-05-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Town P.S.Case no.218 dated 20.4.2018 registered for offences punishable under Sections 363, 366(A), 506/34 of the Indian Penal Code.

Allegation against the petitioner is of kidnapping of the minor daughter of the informant.

Submission of the learned counsel for the petitioner is that as a matter of fact there was love affair between the parties, as such she has herself fled away with the petitioner and the other allegations are false and concocted and she has also filed an affidavit before the CJM, Begusarai and she is major. Heard learned A.P.P. also, who has opposed the prayer for bail on the ground that in her statement under Section 164 of

Patna High Court CR. MISC. No.15068 of 2019(4) dt.02-05-2019 2/2 Cr.P.C., she has categorically stated that she was forcibly taken by the accused persons and the petitioner has tried to outrage her modesty and thereafter they left her at Katchahari Gate. Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below within a period of six weeks from the date of receipt of the order and make prayer for regular bail, which will be considered by the learned court below on its own merit.

With the aforesaid direction, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T