Vipin Yadav @ Bipin Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20584 of 2024 Arising Out of PS. Case No.-468 Year-2022 Thana- AKBARPUR District- Nawada ====================================================== Vipin Yadav @ Bipin Kumar SON OF GAURI YADAV RESIDENT OF VILLAGE- SHAHPUR, PS- AKABARPUR, DISTT- NAWADA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Madhav Raj, Advocate For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-07-2024
1. Heard learned counsel for the petitioner Mr. Chandra Bhushan Prasad and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 366(a) of the Indian Penal Code.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant who is mother of the victim. It is further submitted that the victim and the petitioner were in love and the victim on her own sweet-will eloped with the petitioner for performing her marriage. It is next submitted that even the informant was aware of the said fact, as such, the FIR came to be instituted after a delay of four days of the occurrence. It is also submitted that after the victim came to know that an FIR has been instituted as such she came back and
Patna High Court CR. MISC. No.20584 of 2024(5) dt.18-07-2024 2/3 her statement was recorded under Section 164 Cr.P.C. wherein she has not supported the case of the prosecution rather has stated that she has married the petitioner. It is further submitted that in this case, the Superintendent of Police, Nawada by order dated 08.07.2024 was directed to remain physically present on 11.07.2024. The Superintendent of Police, Nawada was present who stated that the victim in her statement recorded under Section 164 Cr.P.C. has disclosed her age as 19 years. It is thus submitted that the informant in order to give a serious colour to the case falsely alleged that victim is a minor. It is next submitted that petitioner and the victim have married and they are leading a peaceful conjugal life. It is also submitted that petitioner will not abscond rather will cooperate in the investigation.
4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
5. 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
Patna High Court CR. MISC. No.20584 of 2024(5) dt.18-07-2024 3/3 each to the satisfaction of the learned court below where the case is pending/successor court in connection with Akbarpur P.S. Case No. 468 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Kundan/- U T