Nivas Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18262 of 2019 Arising Out of PS. Case No.-101 Year-2018 Thana- KHIRI MORE District- Patna ====================================================== NIVAS KUMAR aged about 26 years (Male) Son of Sudheshwar Verma Resident of Village- Gausganj (Goshganj), P.S.- Khiri More, District- Patna. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Sinha For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 02-04-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is seeking anticipatory bail in connection with Khiri More P.S. Case No. 101 of 2018 registered under Sections 363, 366(A) of the Indian Penal Code. Learned counsel for the petitioner submits that in the F.I.R. the allegation is that one Gautam Kumar had taken away the daughter of the informant but thereafter he has stated that in course of search he came to know that this petitioner has assisted Gautam Kumar in such taking away of the daughter of the informant. Learned counsel has drawn attention of this court towards the statement made by the victim girl under Section 164 Cr.P.C. as contained in Annexure-2 to the present application, wherein she has not at all made any statement against this petitioner rather her statement is that she had gone with her own

Patna High Court CR. MISC. No.18262 of 2019(2) dt.02-04-2019 2/2 will and volition with the co-accused Gautam Kumar and had solemnized marriage with him.

Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

Considering the facts and circumstances of the case wherein this petitioner is said to be the co-villager and his name has not transpired in the statement of the victim girl, in the event of his arrest/surrender before the court below within a period of four weeks, let the above-named petitioner be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate - III, Danapur, District - Patna, in connection with Khiri More P.S. Case No. 101 of 2018, subject to condition prescribed under Section 438(2) of the Code of Criminal Procedure. (Rajeev Ranjan Prasad, J) Rajeev/- U T