Suraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22387 of 2024 Arising Out of PS. Case No.-223 Year-2023 Thana- HILSA District- Nalanda ====================================================== SURAJ KUMAR S/O- DURGA VISHWAKARMA R/O-NEAR RAMBABU CLINIC, RUPASPUR, BAILLEY ROAD, DHANAUL, P.S.-RUPASPUR, DISTT.-PATNA ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR, PATNA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Birendra Kumar For the Opposite Party/s :
Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-05-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending her arrest in a case in connection with Hilsa P.S. Case No. 223 of 2023 dated 18.04.2023 registered for the offence/s punishable under Section 366 (A) of the Indian Penal Code.
3. The co-accused person, the petitioner is alleged to have kidnapped the minor daughter of the informant by enticing her.
4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There is love affair between the petitioner and the victim. The
Patna High Court CR. MISC. No.22387 of 2024(3) dt.17-05-2024 2/3 victim was not forced to have illicit intercourse with another person. The victim refused to be examined medically. It is further submitted the victim herself left her house with her own sweet will. Similarly situated co-accused has already been granted anticipatory bail by this court vide order dated 05.02.2024 passed in Cr. Misc. No. 3394 of 2024. The petitioner has clean antecedent as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner as the victim is a minor girl.
6. Considering the aforesaid facts and circumstances of the case as well as the allegation against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, been enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Hilsa, (Nalanda) in connection with Hilsa P.S. Case No. 223 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure, with further condition/s: (i). The petitioner is directed to remain physically
Patna High Court CR. MISC. No.22387 of 2024(3) dt.17-05-2024 3/3 present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T