Raju Kumar @ Raju Das v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35591 of 2023 Arising Out of PS. Case No.-494 Year-2021 Thana- KAUWAKOL District- Nawada ====================================================== RAJU KUMAR @ RAJU DAS S/o- LATE SARYUG RAVIDAS VillageBhandari Ps- Kawakole Dist- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Birendra Kumar For the Opposite Party/s :
Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-07-2023
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Kawakol Police Station Case No. 494 of 2021, dated 20.12.2021, disclosing offences under Sections 363/365 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that the minor daughter of the informant was abducted by the petitioner with the help of other co-accused persons.
4. Learned Counsel for the petitioner submits that there was love affair between the petitioner and the victim girl and from perusal of the impugned order, it would be evident that both, the petitioner and the victim girl, have
Patna High Court CR. MISC. No.35591 of 2023(2) dt.21-07-2023 2/2 performed marriage in Gujarat. He further submits that the age of the victim girl could not be ascertained and she is more than 18 years of age.
5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that the victim girl has been recovered and she has accepted that she has solemnized the marriage with the petitioner at Gujarat, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Nawada, in connection with Kawakol Police Station Case No. 494 of 2021, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √