Patna High CourtCR. MISC./31652/2024bail granted

Arvind Kumar v. The State Of Bihar

2024-07-16Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31652 of 2024 Arising Out of PS. Case No.-2 Year-2023 Thana- DHANAHA District- West Champaran ====================================================== Arvind Kumar Son of Indrajit Prasad R/o Village- Jangal Pachrukhiya, P.S.- Kubersthan, Dist.- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr.Nagendra Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-07-2024 Heard learned counsel for the petitioner and the State.

2. The petitioner apprehends arrest in a case registered for the offence punishable under section 366 of the Indian Penal Code.

3. As per the prosecution case, petitioner took away informant's wife due to malicious intention.

4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. As a matter of fact informant used to commit torture and cruelty on his wife/victim due to which she left the house. The victim in course of investigation has stated that she, at her own volition, left the house and boarded the train due to torture and cruelty meted out by her husband/informant.

Patna High Court CR. MISC. No.31652 of 2024(3) dt.16-07-2024 2/2 Victim is married and major lady and she never made any resistance either in the train or at anywhere on the way or in Gujrat. However, when petitioner refused to marry her, she returned to her parents and implicated the petitioner. F.I.R. has been lodged after inordinate delay of one month ten days without any explanation which renders the entire prosecution case doubtful. Petitioner claims clean antecedent.

5. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st class Bagaha, West Champaran, in Dhanaha Police Station Case No. 02/2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashi/- U T