Santosh Kumar Vishwakarma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20128 of 2020 Arising Out of PS. Case No.-369 Year-2019 Thana- AKBARPUR District- Nawada ====================================================== SANTOSH KUMAR VISHWAKARMA Son of Muni Vishwakarma Resident of Village - Dhandhari, P.S.- Akbarpur, Distt - Nawada. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Razda Khatoon D/o Md. Abid Hussain Resident of Village - Dhandhari, P.S.- Akbarpur, Distt - Nawada.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 12-01-2021 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Akbarpur P.S. Case No. 369/2019 registered for the offences punishable under Sections 366A of the Indian Penal Code. The accusation against the petitioner is that he abducted the victim. Admittedly, in course of investigation, the victim was recovered and her statement under Section 164 of Cr.P.C. was recorded. Furthermore, it is obvious from the perusal of the statement of victim recorded under Section 164 of the Cr.P.C. that she supported the prosecution story. However, it is submitted on behalf of the petitioner that the victim made her statement under Section 164 of the

Patna High Court CR. MISC. No.20128 of 2020(6) dt.12-01-2021 2/2 Cr.P.C. under influence and pressure of her parents but, subsequently, she again came to the house of petitioner and, thereafter, petitioner and victim solemnised their marriage. It is, further, submitted that after marriage, victim gave birth to a child and, presently, she has been residing with petitioner. Learned counsel of the petitioner drew my attention towards pleadings of supplementary affidavit as well as annexures of the supplementary affidavit, in particular Annexure 5 of the supplementary affidavit.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within six weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate I, Nawada in Akbarpur P.S. Case No. 369/2019 subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) Spd/- U T