Patna High CourtCR. MISC./36118/2024bail granted

Piyush Kumar v. The State Of Bihar

2024-06-26Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36118 of 2024 Arising Out of PS. Case No.-239 Year-2022 Thana- BELDOUR District- Khagaria ====================================================== Piyush Kumar Son Of Dilip Yadav R/O- Vill- Pirnagra, P.S- Beldaur, DistKhagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Kishor Poddar, Adv For the Opposite Party/s :

Mr.Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 26-06-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner apprehends his arrest in connection with Beldaur P.S.Case No. 239 of 2022 dated 18.11.2022, instituted for the offence punishable under Sections 363, 366(A)/34 of the Indian Penal Code.

3. The case of prosecution, in short is that the minor daughter of the informant was kidnapped by the FIR named accused person including the petitioner to marry her.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. It is further submits that statement of victim was recorded under section 164 of the Cr.P.C in which she has stated that she went with Piyush Kumar out of her own will and she married

Patna High Court CR. MISC. No.36118 of 2024(2) dt.26-06-2024 2/2 with him at Patna and she wants to go her sasural. Learned counsel for the petitioner submits that the victim girl is aged about 18 years ( 03.04.2006) as per the impugned order. The petitioner has clean antecedent.

5. Learned A.P.P for the State has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of the learned counsel for the parties, in the event of arrest/ surrender of the petitioner within a period of six weeks from today, in connection with Beldaur P.S.Case No. 239 of 2022 he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- ( ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st class, Khagaria or appropriate Court Below, subject to condition as laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Khatim Reza, J) N.K/- U T