Sunny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19877 of 2023 Arising Out of PS. Case No.-147 Year-2022 Thana- BEUR District- Patna ====================================================== Sunny Kumar Son of Nagina Rai @ Bhadai Resident of Village Dost Nagar, P.S. - Maner, Distt. - Patna.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Udbhav For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner apprehends his arrest in connection with Beur P.S. Case No.147 of 2022, registered for the offence punishable under Section 366(A) of the Indian Penal Code.

3. The petitioner alongwith other co-accused persons is said to have kidnapped the daughter of the informant.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no criminal antecedent as stated in paragraph-3 of the bail petition. It is further submitted that the victim has not supported the prosecution case in her statement recorded under Section 164 Cr.P.C. It is submitted that the learned Magistrate has assessed the age of the victim as 20 years, but according to Matriculation Certificate issued by Bihar School Examination Board, the date of birth of victim girl is 28.10.2005. It

Patna High Court CR. MISC. No.19877 of 2023(3) dt.14-07-2023 2/2 is also submitted that the victim girl has not supported the prosecution case in her statement recorded under Section 164 Cr.P.C.

5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for grant of anticipatory bail to the petitioner. It is submitted that an application has been filed on behalf of the petitioner in the court of learned A.C.J.M.-III, Patna in which he determined the age of the victim girl as 17 years on 20.05.2022.

6. Taking into consideration the facts aforesaid and the fact that victim girl has denied for her medical examination, which is clear from the case diary, let 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 bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III-cum-Sub-Judge-III, Patna in connection with Beur P.S. Case No.147 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Anjani Kumar Sharan, J) S.KUMAR/- U T