Guddu @ Guddu Lal @ Om Prakash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34584 of 2023 Arising Out of PS. Case No.-2 Year-2016 Thana- NATWAR District- Rohtas ====================================================== Guddu @ Guddu Lal @ Om Prakash Kumar, aged about 25 years, GenderMale, Son of Vikash Lal @ Doman Lal, Resident of village and P.S. - Dawath ward no. 8, Distt. - Rohtas ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Ms. Vaishnavi Singh, Advocate For the Opposite Party :
Mr. Gulnar Begum, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 24-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Natwar P.S. Case No. 2 of 2016 dated 07.01.2016, instituted for the offence punishable under Section 366(A) of the Indian Penal Code.
3. The prosecution case, in short, is that the petitioner used to harass 16 years old informant's niece on phone. It is further alleged that on 30.12.2015, the petitioner along with his parents kidnapped informant's niece by enticing her.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that the informant is the maternal
Patna High Court CR. MISC. No.34584 of 2023(2) dt.24-06-2023 2/3 uncle of the victim. The statement of victim has been recorded under Section 164 of the Criminal Procedure Code, wherein she has stated that she has gone to the house of her Mama to attend the marriage and the name of her friend was Babita Kumari. Her Mama was asking her not to attend the marriage and started chastising her and in anger, she fled away from the house. She further states that she is known to the petitioner and she forced him to marry as she was badly in love with him and subsequently they performed marriage and from the said marriage, she has two issues, namely, Ankush Kumar and Arbi Kumari and they are happily leading their conjugal married life. Further, it is submitted that the said marriage was allegedly performed after attending the majority. Lastly, it has been submitted that the petitioner is in custody since 30.01.2023 having no criminal antecedents and charge-sheet has been submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.34584 of 2023(2) dt.24-06-2023 3/3 each to the satisfaction of the learned Judicial Magistrate, 1st Class, Bikramganj, Rohtas in Natwar P.S. Case No. 02 of 2016. (Khatim Reza, J) Gaurav Kumar/- U T