Sukesh Kumar @ Sukesh Raut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16026 of 2019 Arising Out of PS. Case No.-202 Year-2018 Thana- SONBERSA District- Sitamarhi ====================================================== SUKESH KUMAR @ SUKESH RAUT Son of Chandra Deo Raut, Resident of Village-Barahi, Hariram, P.S-Majorganj, District-Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjeet Kumar Mishra For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-07-2019 Heard learned counsel for the parties.

The petitioner apprehends his arrest in connection with Sonbarasa P.S.Case No. 202 of 2018 registered under Sections 363 and 366/34 of the Indian Penal Code.

Allegation, as the FIR, against the petitioner is that wife of the informant was allegedly abducted/enticed away by the petitioner with oblique motive.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case inasmuch as petitioner has not committed any offence as alleged by the informant. He submits that victim girl on her own will had fled away from the house of the informant and came before the petitioner and expressed her desire to marry him as such petitioner got married with her own free will and she is major. He submits that statement of the victim girl was also recorded under Section 164 Cr.P.C. in which she has not stated anything against the petitioner regarding

Patna High Court CR. MISC. No.16026 of 2019(5) dt.09-07-2019 2/2 her kidnapping/abduction.

Learned counsel for the State endorses the submission of learned counsel of the petitioner that in her statement recorded under Section 164 Cr.P.C., victim girl has stated nothing against the petitioner.

After having heard learned counsel for the parties and taking into consideration the fact that victim girl is major and she has left the house of the informant voluntarily and in her statement under Section 164 Cr.P.C., she has not made any allegation against the petitioner about her kidnapping/abduction, accordingly, I am inclined to grant anticipatory bail to the petitioner. Let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned CJM, Sitamarhi in connection with Sonbarasa P.S.Case No. 202 of 2018; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U T