Lalendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39631 of 2024 Arising Out of PS. Case No.-57 Year-2020 Thana- BELA District- Sitamarhi ====================================================== Lalendra Kumar Son Of Naga Rai Resident Of Village- Bathuara, Police Station- Bela, District-Sitamarhi ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Parwej Khan For the Opposite Party/s :

Mr.Kanhiya Kishor ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-09-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Bela P.S. Case No. 57 of 2020 dated 17.06.2020 registered for the offence punishable u/s 365, 366 and 366A of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have kidnapped the minor daughter of the informant. It is further alleged that the informant's daughter took away ornaments worth Rs. 1,20,000/- ,two mobile phones and Rs. 3 lacs with her.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.39631 of 2024(3) dt.27-09-2024 2/3 this case. There was love affair between the parties. The victim in her statement recorded u/s 164 of the Cr.P.C. has stated that the petitioner took her to Delhi and attempt to commit rape on her. There is nothing on record which shows that the victim was forced or seduced to have illicit intercourse with another person. Learned counsel has submitted that the victim has not raised any alarm while she was being taken to Delhi. As per para. 40 of the case diary, the victim has denied for medical examination. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner by submitting that the victim is a minor girl.

6. 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, Sitamarhi in connection with Bela P.S. Case No. 57 of 2020, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure, with further condition:-

Patna High Court CR. MISC. No.39631 of 2024(3) dt.27-09-2024 3/3 (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner is liable to be cancelled.

7. The application stands allowed.

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