Niraj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43276 of 2024 Arising Out of PS. Case No.-71 Year-2023 Thana- VAISHALI District- Vaishali ====================================================== Niraj Kumar, S/O Virendra Paswan, R/O Vaishali, P.S. Vaishali, Distt.- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Santosh Kumar, Advocate For the Opposite Party/s :
Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 20-07-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Vaishali P.S. Case No. 71 of 2023 registered for the offences punishable under Sections 363, 366(A), 34 of the Indian Penal Code.
3. As per prosecution case, the petitioner and the other named accused persons have kidnapped the daughter of the informant and assaulted the informant to kill him and his daughter.
4. Learned counsel for the petitioner submits that the petitioner is innocent has committed no offence. He has been falsely implicated in this case. Petitioner is a student with whom
Patna High Court CR. MISC. No.43276 of 2024(2) dt.20-07-2024 2/3 the victim was indulged in love affair and the victim herself disclosed her age as 19 years and they have married without any pressure. In her statement under Section 164 of the Cr.P.C., the victim herself stated that she went with the petitioner with her own sweet will and she has not been kidnapped. Both are living together as wife and husband and he has further submitted that compromise has already been taken place between the parties. Affidavit with this petition has been sworn by the mother of the victim. Petitioner has no criminal antecedent and he undertakes to cooperate in the investigation and trial of this case.
5. Learned APP opposes the prayer for anticipatory bail of the petitioner.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the concerned Court where the case is pending in connection with Vaishali P.S. Case No. 71 of 2023, subject to the conditions as
Patna High Court CR. MISC. No.43276 of 2024(2) dt.20-07-2024 3/3 laid down under Section 438 (2) of the Code of Criminal Procedure.
(Sunil Dutta Mishra, J) khushbu/- U T