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Patna High CourtCR. MISC./62099/2017bail granted

Lav Kumar v. The State Of Bihar

2018-01-16Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62099 of 2017 Arising Out of PS.Case No. -10 Year- 2017 Thana -WARISNAGAR District- SAMASTIPUR ====================================================== Lav Kumar S/o Manoj Sahni , R/o Village-Chanaur, P.S.- Maughaul, District- Begusarai At present R/o Village- Mohalla- Byepass Flyover, R.T.C. Line Kuppam, P.S.- Kuppam, District- Thintur, Karnataka. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kundan Kumar For the Opposite Party/s : Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 16-01-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

This is an application for grant of anticipatory bail in connection with Warishnagar P.S. Case No. 10 of 2017 registered for the offence punishable under Sections 366(A)/34 of the Indian Penal Code.

The case of the prosecution is that the daughter of the informant had left the house at 3:30 P.M. on 30.01.2017 without informing anyone and when she did not return for a long time, the informant and his wife had enquired from the neighbours whereupon it came to knowledge that the petitioner had taken away the victim girl for the purposes of marrying her. The learned counsel for the petitioner has referred to

Patna High Court Cr.Misc. No.62099 of 2017 (3) dt.16-01-2018 2/2 the statement of the victim girl under section 164 Cr.P.C. from which it transpires that the petitioner is not the perpetrator of the crime but he is the person who had brought the girl at the mother's house. The petitioner is said to be having a clean antecedent.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, District-Samastipur in connection with Warishnagar P.S. Case No. 10 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) S.Sb/- U T