Anand Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21478 of 2020 Arising Out of PS. Case No.-227 Year-2019 Thana- PANAPUR District- Saran ====================================================== ANAND KUMAR, S/o Jai Mangal Rai @ Jai Mangal Prasad Rai, Resident of Village- Sonwarsha, P.S.- Panapur, Distt- Saran at Chapra. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vipin Kumar Singh, Adv.
For the Opposite Party/s :
Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-07-2020 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceeding. Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within two weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 363, 366/34 of the Indian Penal Code.
Prosecution case in brief is that as per FIR, on the basis of written report of Raghubansh Rai. It is alleged that on 02.12.2019 at about 2.00 pm, the informant's wife and his daughter Kajal Kumari were going, in the way all these persons including the petitioner have forcibly got seated his
Patna High Court CR. MISC. No.21478 of 2020(2) dt.03-07-2020 2/3 daughter on a motorcycle and fled away. It is further alleged that when wife of the informant raised objection the accused persons abused and assaulted her.
Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence and has been falsely implicated in this case. The accused Pintu Kumar and Kajal Kumari having love affairs with them and they left their house and also they are major and got married in a temple with their own consent. It is further submitted that due to village politics, the petitioner who has no concern with the matter. The petitioner is in custody since 05.02.2020 and has got no criminal antecedent.
Learned counsel for the petitioner further submits that victim Kajal Kumari has filed a complaint petition on 16.12.2019 vide Complaint Petition No. 4323/209 as well as in her solemn affirmation has submitted that the informant and his son wanted to marry the complainant with an old person and since the complainant is a major hence she does not want to marry with that person, hence her father and brother tried to kill her. Therefore, with a view to save her life, the complainant being a major with her own consent has married with accused Pintu Kumar to whom she was having love affair from before.
Patna High Court CR. MISC. No.21478 of 2020(2) dt.03-07-2020 3/3 The complainant further denied that she was kidnapped by anyone ever.
Learned APP for the State opposed the prayer for bail. In the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Panapur P.S. Case No. 227 of 2019 to the satisfaction of the learned A.C.J.M.-1st, Saran at Chapra.
(Anjani Kumar Sharan, J) amitkumar/- U T