Rupesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31845 of 2022 Arising Out of PS. Case No.-61 Year-2022 Thana- FORBESGANJ District- Araria ====================================================== RUPESH KUMAR S/o- Kamleshwari Mehta Resident of VillageBhagparwaha, Ward No.01, Post- Saifganj, P.S.- Forbesganj, District- Araria. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Raj Kumar, Advocate For the Opposite Party :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-11-2022 Heard learned counsel for the petitioner and learned counsel for the State.

Learned counsel for the petitioner is directed to remove the defect(s) as pointed out by the office within a period of four weeks.

The petitioner is apprehending his arrest in a case registered for the offence under Sections- 363, 365, 366(A)/34 of the Indian Penal Code.

The prosecution case, in brief is that the petitioner entered house of the informant and took away his minor daughter at the point of pistol.

It is submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The

Patna High Court CR. MISC. No.31845 of 2022(2) dt.01-11-2022 2/2 petitioner has falsely been implicated in the present case. Out of love affairs, the petitioner solemnized marriage with the victim. Subsequently, statement of the victim has been recorded under Section-164 of the Cr.P.C. There is no allegation of physical or sexual assault alleged against the petitioner. Annexure-4 to this application is Marriage Certificate of the petitioner with the victim.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Forbesganj P.S. Case No. 61 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T