Ratikant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39538 of 2021 Arising Out of PS. Case No.-463 Year-2020 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Ratikant Kumar S/O Vinod Manjhi R/O Village- Hem Bardaha, P.S.- Kuchaikot, District- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vikash Kumar Shukla, Advocate For the Opposite Party/s :

Mr.Mukesh Kumar Singh, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-02-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The Petitioner is apprehending his arrest in a case registered for the offences punishable u/s 366A of the Indian Penal Code.

As per the prosecution case, the daughter of the informant was forcibly kidnapped by an unknown person who was boarded on motorcycle for the purpose of marriage. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The

Patna High Court CR. MISC. No.39538 of 2021(3) dt.13-02-2023 2/3 petitioner has no criminal antecedent as stated in para 3 of the bail petition. Learned counsel further submitted that during the course of taking away the victim on motorcycle, the victim has not raised any alarm. There is nothing on record to show that the victim was forced to have illicit relationship with another person. There was love affair between the petitioner and the victim.

Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioner. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Gopalganj in connection with Kuchaikot P.S. Case No. 463 of 2020, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure, with a condition:-

1. The court below shall verify the criminal antecedent of the petitioner and at any stage, if it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the

Patna High Court CR. MISC. No.39538 of 2021(3) dt.13-02-2023 3/3 petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T