Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21463 of 2019 Arising Out of PS. Case No.-336 Year-2018 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Rahul Kumar Son of Manoj Paswan Resident of Village - Patahi Hari, P.S.- Sadar, Distt.- Muzaffarpur, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Singh For the Opposite Party/s :

Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 363, 366A of the Indian Penal Code. The prosecution case, in brief, is that informant's minor daughter was kidnapped by the accused persons. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. In paragraph-9 of the petition, following statement has been made by learned counsel for the petitioner:- "That Riya Kumari (victim) has not alleged anything against the petitioner under Section

Patna High Court CR. MISC. No.21463 of 2019(2) dt.05-04-2019 2/2 164 of Code of Criminal Procedure, 1973 rather she has stated that she was in love with the petitioner and she has married with the petitioner".

It has further been submitted that the victim is residing with the petitioner. The allegation made in the FIR is false. The present bail application has been affidavited by the victim herself.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Sadar P.S. Case No. 336 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T