Durgesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20882 of 2023 Arising Out of PS. Case No.-314 Year-2021 Thana- KHAGARIA District- Khagaria ====================================================== DURGESH KUMAR Son of Late Prafull Choudhary R/V- Rahimpur Charkhuthi PS- Muffasil Dist- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar, Adv.

For the Opposite Party/s :

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-06-2023 Heard Mr. Binod Kumar, learned counsel for the petitioners and Ms. Shaheen Begum, learned Additional Public Prosecutor for the State.

2. Petitioner apprehends his arrest in connection with Khagaria (Mufassil) PS Case No. 314/2021 dated 09.04.2021 registered for the offence punishable under Section 366(A) of the IPC.

3. As per allegation made in the FIR, one Gulshan Kumar has allegedly, abducted minor daughter of the informant for the purpose of marriage.

4. Learned counsel for the petitioner submits that the the petitioner is not named in the FIR and he has falsely been implicated in this case due to rivalry. He next submits that the victim girl was recovered and her statement under Section 161

Patna High Court CR. MISC. No.20882 of 2023(2) dt.24-06-2023 2/2 CrPC was recorded wherein she has not disclosed the name of the petitioner and has stated that she had gone to Delhi with Gulshan Kumar who allured her to accompany him. He further submits that in the statement of the victim recorded under Section 164 CrPC, name of the petitioner has come in which the victim has only stated that there is role of Durgesh Kumar in supporting the main accused, Gulshan Kumar.

5. Regards being had to the submissions made by the parties, taking into consideration the statement of the victim recorded under Sections 161 and 164 of the CrPC, I am inclined to grant anticipatory bail to the petitioner.

6. Accordingly, let the petitioner, named above, in the event of arrest or surrender within four weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Khagaria (Mufassil) PS Case No. 314/2021, GR No. 1190/2021, subject to the condition as laid down under Section 438(2) CrPC.

(Anil Kumar Sinha, J) perwez U T