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Patna High CourtCR. MISC./40956/2024allowed

Raushan Kumar @ Roshan Kumar v. The State Of Bihar

2024-07-03Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40956 of 2024 Arising Out of PS. Case No.-919 Year-2023 Thana- BODHGAYA District- Gaya ====================================================== Raushan Kumar @ Roshan Kumar Son of Babloo Ram @ Bablu Ram, Resident of Village- Nauranga, P.S.- Muffasil, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Singh, Advocate.

For the Opposite Party/s :

Ms. Sucheta Yadav, APP.

For the Informant :

Mr. Brij Mohan Das, Advocate.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 03-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Bodh-Gaya P.S. Case No.919 of 2023 instituted under Sections 363 and 366A of the Indian Penal Code.

3. As per the prosecution case, the informant has alleged that the petitioner had allured away the minor daughter of the informant and solemnized marriage with her and further sent photograph of their marriage through social media.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He further submits that there is love affairs between the daughter of the informant and petitioner and the daughter of informant herself has gone with the petitioner. Learned counsel submits that the daughter of informant in her statement recorded

Patna High Court CR. MISC. No.40956 of 2024(2) dt.03-07-2024 2/2 under Section 164 Cr.P.C. has stated that her date of birth is 02.07.2004 and also stated that she has love affair with the petitioner and she had solemnized marriage with him according to her own wish. He further submits that petitioner has no criminal antecedent and he undertakes to cooperate in the investigation and trial.

5. Learned counsel for the informant as well as learned Additional Public Prosecution for the State have opposed the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Bodh-Gaya P.S. Case No.919 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Ritik/- U T