Dilip Kumar @ Lalu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29355 of 2021 Arising Out of PS. Case No.-81 Year-2020 Thana- RAJEPUR District- East Champaran ====================================================== DILIP KUMAR @ LALU Son of Harishchandra Prasad @ Harish Chandra Bhagat Resident of Village - Sonaul, P.S.- Rajepur, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar For the Opposite Party/s :
Mr.A.PP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-03-2022 Heard learned counsel for the petitioner and learned APP for the State.
The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Rajepur P.S. Case no. 81 of 2020 instituted for the offence under Sections 366(a) and 34 of the Indian Penal Code. As per allegation in the FIR, while daughter of the informant was coming from tuition, several accused persons including the petitioner has kidnapped her. Baiju Sah and Randhir Kumar have seen the occurrence.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. There is love affair between the petitioner and daughter of the informant. Statement of the victim girl has got recorded in
Patna High Court CR. MISC. No.29355 of 2021(3) dt.09-03-2022 2/2 which she has stated that out of her own sweet will, she has eloped from her house and performed marriage in Naulakha Temple situated in Muzaffarpur. She has not raised any finger against the petitioner for any offence. Presently she is living in her matrimonial home. Age of the daughter of the informant has been accessed as 19-20 years by the lower court. Learned APP appearing for the State has opposed the prayer of Bail.
Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Rajepur P.S. Case no. 81 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sadar, East Champaran at Motihari subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U