Pappu Kumar Singh @ Pappu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18921 of 2024 Arising Out of PS. Case No.-294 Year-2023 Thana- PIRO District- Bhojpur ====================================================== Pappu Kumar Singh @ Pappu Kumar, S/o Late Dular Chan @ Dular Chand Singh R/o Village - Dhangai, P.S. - Bikramganj, Dist. - Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Niraj Kumar Singh For the Opposite Party/s :
Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-04-2024
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 366 and 120B of the Indian Penal Code.
3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant, who is father of the alleged victim. It is next submitted that petitioner was in love with the victim and they eloped to Gujarat and even married as would be evident from the marriage certificate dated 21.10.2023 issued by the Registrar of Marriage, Dumiyani, Gujarat.
4. It is further submitted that from perusal of the
Patna High Court CR. MISC. No.18921 of 2024(2) dt.16-04-2024 2/3 allegation as alleged in the F.I.R., it would manifest that even the informant in the F.I.R. has stated that the victim was 18 years of age. It is next submitted that the date of birth of the victim is 15.10.2005, as such, on the date of occurrence, she had reached the age of discretion. It is further submitted that presently the petitioner along with the victim after their marriage are residing at Gujarat.
5. Learned A.P.P. opposes the anticipatory bail application.
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, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara connection with Piro P. S. Case No.294 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. However, the informant would be at liberty to file an application seeking cancellation of the anticipatory bail granted to the petitioner in the event, if it is found that the
Patna High Court CR. MISC. No.18921 of 2024(2) dt.16-04-2024 3/3 marriage certificate on which reliance has been placed, is a forged/ fabricated document.
(Satyavrat Verma, J) vikash/- U T