Pawan Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47533 of 2021 Arising Out of PS. Case No.-100 Year-2020 Thana- CHENARI District- Rohtas ====================================================== PAWAN TIWARI S/o Nand Kishor Tiwari R/o village- Lodhi, P.S.- Chenari, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Tiwary For the Opposite Party/s :

Mrs.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Chenari P.S. Case no. 100 of 2020 instituted for the offence under Sections 366(a) and 34 of the Indian Penal Code. As per allegation in the FIR, several accused persons including the petitioner had kidnapped the minor daughter of the informant.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. There is love affair between the petitioner and daughter of the informant. On 28.8.2020 both have performed marriage in Arya Mandir, Delhi and are living as wife and husband. Statement of the victim girl has got recorded in which she has

Patna High Court CR. MISC. No.47533 of 2021(2) dt.24-03-2022 2/3 stated that out of her own sweet will, she has eloped from her house and performed marriage with the petitioner. She has not raised any finger against the petitioner for any offence. Presently she is living in her matrimonial home. Age of the daughter of the informant has been accessed as 17 years by the lower court. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Chenari P.S. Case no. 100 of 2020, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) sushma/- U

Patna High Court CR. MISC. No.47533 of 2021(2) dt.24-03-2022 3/3