Anshu Kumar @ Ghantu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29153 of 2025 Arising Out of PS. Case No.-72 Year-2024 Thana- NTPC District- Patna ====================================================== Anshu Kumar @ Ghantu Kumar S/o Gopal Trivedi @ Gopal Pandey R/o Vill.- Sultanpur, Tola Ganga Prasad Kanhaipur, P.S.- Mokama, Distt.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rahul Singh, Advocate For the Opposite Party/s :
Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 03-09-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.
2. The petitioner apprehends his arrest in connection with N.T.P.C. P.S Case No. 72 of 2024 for the offence registered under sections 366(A), 34 of the Indian Penal Code lodged on 10.06.2024 by the informant, Pramod Kumar Trivedi.
3. As per the prosecution story, the informant alleged that he wake up to the nature's call and found his daughter missing. The allegation is that the accused person including the petitioner took her away. The girl left the place along with cash/gold. This led to the FIR.
4. In this case the Co-ordinate Bench called for the case diary and the statement of the victim girl which is on record. The girl under Section 183 of the B.N.S.S. recorded on 06.07.2024 has averred that she went on her own and wants to
Patna High Court CR. MISC. No.29153 of 2025(3) dt.03-09-2025 2/3 live with him. No sexual assault has been recorded in the said statement.
5. Learned Counsel for the petitioner submits that if granted relief, he shall be cooperating in the investigation and shall be diligently appearing in trial.
6. Learned counsel representing the informant, on the other hand, opposes the prayer for anticipatory bail submitting that the boy lured her which led to she living the home, has subsequently returned and do not want to go with the petitioner.
7. The fact remains that the girl having returned, made a statement stating that she moved out of her home on her own and has not alleged any sexual assault against this petitioner, he do not have criminal antecedent is only 22 years of age, in that background, this Court is inclined to grant him the anticipatory bail with conditions.
8. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Barh, Patna in connection with N.T.P.C. P.S. Case No. 72 of 2024 subject to condition as laid down under
Patna High Court CR. MISC. No.29153 of 2025(3) dt.03-09-2025 3/3 Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family members/relatives of the petitioner, who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Raj Ranjan/- U T