Subhash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19895 of 2022 Arising Out of PS. Case No.-148 Year-2021 Thana- MITHANPURA District- Muzaffarpur ====================================================== SUBHASH KUMAR Son of Sunil Sah Resident of Village - Majhauliya (Manjholiya), P.S.- Sadar, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 366(A) of the Indian Penal Code.

It is a case of abduction of the daughter of the informant.

It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that the victim has herself stated in her statement that she went with the petitioner at Kolkata and lived there with him for one month. In the impugned order, her age is mentioned as about 15 years and she is minor but it is not mentioned that the petitioner committed any wrong with the

Patna High Court CR. MISC. No.19895 of 2022(2) dt.21-09-2022 2/2 victim and on the basis of the victim being minor, the bail petition of the petitioner was rejected by the trial court. Learned counsel for the petitioner submits that the victim is at the verge of to be major and she herself went with the petitioner to Kolkata and she has matured mind. Petitioner has clean antecedent.

Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-IX (East), Muzaffarpur in connection with Mithanpura P.S. Case No. 148 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Brajesh Kumar/- U