Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20497 of 2023 Arising Out of PS. Case No.-294 Year-2021 Thana- GOGRI District- Khagaria ====================================================== Abhishek Kumar Son Of Karilal Yadav R/O Village- Mali, Ward Number 9, P.S.- Beldaur, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 366(A) and 34 of the Indian Penal Code read with Section 27 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that petitioner along with 4-5 unknown accused kidnapped his minor daughter.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that petitioner and the victim were in love and they eloped, it is further submitted that victim is not a minor

Patna High Court CR. MISC. No.20497 of 2023(2) dt.24-06-2023 2/3 rather is a major and even the doctors have assessed her in between 17-18 years. Learned counsel submits that petitioner and victim have married and are staying happily together, it is next submitted that informant on intervention of well-wishers and realizing her mistake has also compromised the case and the compromise petition has been filed in the learned trial court. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Gogari (Paura) P.S. Case No. 294 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

However, the learned trial court before accepting the bail bonds of the petitioners shall verify from the informant with regard to the genuineness of the compromise and in the event, if it is found that the compromise was not genuine then in that

Patna High Court CR. MISC. No.20497 of 2023(2) dt.24-06-2023 3/3 event the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) Rishi/- U T