Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24899 of 2024 Arising Out of PS. Case No.-56 Year-2023 Thana- PANDARAK District- Patna ====================================================== VIKASH KUMAR SON OF RANJAY SINGH @ RAJO RESIDENT OF VILLAGE - BIHARIBIGHA (MEGHI TOLA), P.S. - PANDARAK, DISTRICT - PATNA ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kundan Kumar Ojha, Advocate For the Opposite Party/s :
Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-05-2024 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Pandarak P.S. Case No. 56 of 2023 for the offence under section 366A of the I.P.C. lodged on 08.04.2023 by the informant, Devendra Paswan.
3. As per the prosecution story, the informant alleged that her daughter left home at 04:30 a.m. but failed to return. Upon search, came to know that she has been abducted for the purpose of marriage by this petitioner including Ranjay Singh and his wife. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that they were in relationship and the girl went on her own. Annexure-2 is the 164 Cr.P.C. statement of the victim girl and
Patna High Court CR. MISC. No.24899 of 2024(2) dt.01-05-2024 2/3 she has stated that she left with the petitioner to Delhi and got married in a temple. Later, returned home which followed the statement.
5. Learned APP opposes the prayer.
6. Taking into account the aforesaid factd as also that the petitioner is only twenty years of age, do not have criminal antecedent, and the victim girl in her 164 Cr.P.C. statement stated that she left on her own, this Court is inclined to extend him the privilege of anticipatory bail with conditions.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Barh, Patna, in connection with Pandarak P.S. Case No. 56 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his
Patna High Court CR. MISC. No.24899 of 2024(2) dt.01-05-2024 3/3 bail bond by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) kiran/- U T