Nikhil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33396 of 2024 Arising Out of PS. Case No.-474 Year-2021 Thana- MADHAURAH District- Saran ====================================================== Nikhil Kumar Son of Animesh Kumar Resident of Village - Basua, P.S.- Parbatta, District - Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-08-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 366(A)/34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the instant case by the informant, who is grand father of the victim. It is further submitted that the informant alleges that his grand daughter was 02.08.2021 at 8 O' clock in the morning went to the market but did not return home, thereafter the search was made when on 04.08.2021 at 8.00 A.M. the accused called and disclosed his identity and address, based on which, he went to the house of accused where his

Patna High Court CR. MISC. No.33396 of 2024(3) dt.23-08-2024 2/3 family members abused and assaulted him, thus, alleges that the accused persons including the petitioner kidnapped his minor grand daughter with intention to marry her.

4. The learned counsel submits that the petitioner has been falsely implicated in the instant case. It is next submitted that the petitioner and the victim were in love and the victim eloped with the petitioner. It is also submitted that the victim was recovered and her statement was recorded under section 164 Cr.P.C., wherein she has not supported the case of prosecution rather has stated that she married the petitioner and out of the wedlock, a child was born. It is further submitted that in order to give seriousness to the case, the victim has been described as a minor, when she has reached the age of discretion.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that though it has been pleaded that the victim in the statement recorded under section 164 Cr.P.C. has not supported the case of prosecution but then the statement of the victim recorded under section 164 Cr.P.C. is not on the record.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the

Patna High Court CR. MISC. No.33396 of 2024(3) dt.23-08-2024 3/3 event of his arrest or 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Marhowarah P.s. Case No.474/2021, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. However, the learned trial court before accepting the bail bonds of the petitioner shall verify the statement of the victim recorded under section 164 Cr.P.C., in the event, if it is found that the victim has not supported the facts, as recorded hereinabove, in that event, the present anticipatory bail order shall not be given effect to.

(Satyavrat Verma, J) amit/- U T