Amresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28648 of 2021 Arising Out of PS. Case No.-1205 Year-2019 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Amresh Kumar S/O Bhusan Singh R/O Village-Rampur Jaipal, P.S-Bochha, District-Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-05-2022 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 Sections 363 and 366(A)/34 of the Indian Penal Code.

Prosecution case relates to kidnapping of minor daughter of the informant when she was accompanying her aunty for prayer of goddess Durga at Jamalabad Math. It is submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in this case. He further submits that from para-30 of the case diary, it appears that out of her own sweet will, the daughter of the informant went to Delhi with the co-accused Rambabu Prasad @ Rambabu Kumar and performed marriage in temple with him. She was at

Patna High Court CR. MISC. No.28648 of 2021(4) dt.11-05-2022 2/2 the verge of majority at the time of occurrence. She did not support the prosecution version in her statement under Section 164 of the Cr.P.C. He further submits that similarly situated coaccused has already been granted anticipatory bail by this Court passed in Cr. Misc. No. 18347 of 2021. Petitioner has got clean antecedent.

Learned APP appearing for the State has opposed the prayer for 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 CJM, Muzaffarpur in connection with Ahiyapur P.S. Case No. 1205 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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