Kumod Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27858 of 2020 Arising Out of PS. Case No.-108 Year-2020 Thana- MAHUA District- Vaishali ====================================================== KUMOD KUMAR RAI Son of Suraj Rai Resident of Village- Mahua Mukundpur, P.S.- Mahua, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bela Singh For the Opposite Party/s :

Mr.Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 370(4)/34, 366A of the Indian Penal Code.

Allegation is that the accused persons including the petitioner kidnapped the daughter of the informant for illegal

Patna High Court CR. MISC. No.27858 of 2020(2) dt.04-12-2020 2/3 purpose.

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. The petitioner has falsely been implicated in the present case. The victim girl is said to have been recovered. Her statement has been recorded under Section 164 Cr.P.C., where she has admitted that she has left the house out of her own will and has got married to the petitioner. An application has also been filed by the victim in the court below, where she has stated that she has left the house out of her own will for the purpose of getting married to the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the 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 twelve 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, Vaishali at Hajipur in connection with Mahua P.S. case No.108 of 2020, subject to the conditions as laid down

Patna High Court CR. MISC. No.27858 of 2020(2) dt.04-12-2020 3/3 under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T