Bipin Kumar @ Bipin Kumar Yadav @ Lalu Yadav @ Lalu Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20089 of 2019 Arising Out of PS. Case No.-524 Year-2018 Thana- NATHNAGAR District- Bhagalpur ====================================================== Bipin Kumar @ Bipin Kumar Yadav @ Lalu Yadav @ Lalu Kumar Yadav, son of Teni Yadav @ Dinesh Yadav, resident of Village-Raghopur Tikar, P.S.- Madhusudanpur, District-Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Davendra Kumar Pandey For the Opposite Party/s :
Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-07-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.
Petitioner apprehends his arrest in connection with Nathnagar (Madhusudanpur) P.S. Case No.524 of 2018 for the offence punishable under Section 366(A) of the Indian Penal Code.
The allegation, as per the First Information Report is that on 22.08.2018, at about 2:00 A.M., the informant entered into her daughter's room and found that she was not there. It has further been alleged that the informant made search but her daughter was not traced, however, she learnt that her daughter has been abducted by the petitioner.
Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.20089 of 2019(4) dt.25-07-2019 2/3 petitioner has falsely been implicated in this case. He further submits that there was love affairs between petitioner and daughter of the informant and daughter, Sakshi Kumari, is major which would be evident from Aadhar Card, she is aged about 20 years and is not a minor.
Learned counsel further submits that both the petitioner and victim girl performed marriage at Gonu Baba Dham on 22.10.2018 and in support of that marriage certificate has been annexed as Annexure-3 to this application. He further submits that after marriage, the victim, Sakshi Kumari, has been residing in her matrimonial home with the petitioner as his wife. It appears that notice was issued to Opposite Party No.2, i.e., the informant, but despite service of notice, Opposite Party No.2 has not appeared before this Court. After having heard learned counsel for the petitioner as well as learned counsel appearing on behalf of the State and taking into consideration the fact that petitioner has got married with victim girl and as per the statement of the petitioner that the victim girl has been residing with him as his wife in his home, as such, I am inclined to grant anticipatory bail to the petitioner.
Accordingly, the petitioner is directed to surrender
Patna High Court CR. MISC. No.20089 of 2019(4) dt.25-07-2019 3/3 before the learned Court below within a period of four weeks and in the event of surrender by him, he shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Bhagalpur, subject to the condition as mentioned under Section 438 (2) of Cr.P.C.
(Anil Kumar Sinha, J) sanjeev/- U T