Patna High CourtCR. MISC./41484/2018bail granted

Kaushal Kumar @ Abhinav Raj v. The State Of Bihar

2018-07-18Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41484 of 2018 Arising Out of PS.Case No. -42 Year- 2018 Thana -KAHALGAON District- BHAGALPUR ======================================================

1. Kaushal Kumar @ Abhinav Raj S/o Dhanni Tanti, R/o Vill.- Kalgiganj, P.S.- Kahalgaon, District- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Najmul Hodda, Advocate For the Opposite Party/s : Mr. Ajay Kumar-1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-07-2018 Heard the parties.

The petitioner seeks anticipatory bail in connection with Kahalgaon P. S. Case No. 42 of 2018, registered for offences punishable under Sections 365, 366A/34 of the Indian Penal Code. As per F.I.R., allegation against the petitioner is of kidnapping the minor daughter of the informant. Submission of the learned counsel for the petitioner is that the statement of the victim girl has been recorded under Section 164 Cr. P. C. in which she has not taken the name of the petitioner rather she had already solemnized marriage with the accused, Md. Afsar Alam , who has been granted bail by the learned court below in Bail Application No. 676 of 2018 dated 31.05.2018 and the petitioner has no criminal antecedent.

Patna High Court Cr.Misc. No.41484 of 2018 (2) dt.18-07-2018 2/2 Learned A.P.P. opposes the prayer for.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named, surrenders before the court below within a period of six weeks from the date of the order, he will be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Kahalgaon P. S. Case No. 42 of 2018, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(Vinod Kumar Sinha, J) Sudha/- U T