Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25446 of 2024 Arising Out of PS. Case No.-58 Year-2023 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Deepak Kumar S/o Gango Choudhary R/o Vill - Rajaura, P.S. - Mufasil, Dist. - Begusarai, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nishant Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Muffasil P.S. Case No.58 of 2023 instituted under Sections 366A/34 of the Indian Penal Code.

3. Allegation of kidnapping of minor daughter of the informant is made against the petitioner. It is claimed that the family members of the petitioner were also involved in the said kidnapping.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The victim, who is major, has left her house with her own

Patna High Court CR. MISC. No.25446 of 2024(3) dt.31-07-2024 2/3 sweet will due to love affairs with the petitioner. In medical report, the age of the victim has been assessed between 16-17 years and it is settled view that there is margin of error of twoyear in the assessment of the medical report with regard to the age of the victim. The victim in her statement under Section 164 Cr.P.C has not made any allegation against the petitioner and she herself stated that due to mis-behaviour of her parents, she left her house and solemnized marriage with the petitioner. The victim has now got married and is leading her matrimonial life. There is nothing material against the petitioner. The petitioner has no criminal antecedent and he undertakes to cooperate in the investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Muffasil P.S. Case No.58 of 2023 subject to the conditions as laid down in Section

Patna High Court CR. MISC. No.25446 of 2024(3) dt.31-07-2024 3/3 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) Harish/- U T