Raghav Kumar @ Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39536 of 2023 Arising Out of PS. Case No.-56 Year-2021 Thana- LAKHISARAI District- Lakhisarai ====================================================== Raghav Kumar @ Amit Kumar, Male aged about 22 years, Son of Ashok Kumar @ Ashok Ram, Resident of village - Singouli, P.S. - Sarmera, District - Nalanda, At present - 6/258 Amar Vihar Khoro Colony, Gaziabad, Uttar Pradesh.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Parmanand Pd. Nr. Sahi, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 28-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends arrest in connection with Lakhisarai (Kabaiya) P.S. Case No. 56 of 2021 dated 24.01.2021 instituted under Sections 363, 365, 120(B) and 506/34 of the Indian Penal Code.

3. As per the prosecution case, informant's daughter went to coaching for tuition but she did not return. Allegation against the petitioner is that he abducted the informant's daughter.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely implicated in this case. He further submits that the victim in her statement under Section 164 of the Cr.P.C. stated that she has left house out of her own

Patna High Court CR. MISC. No.39536 of 2023(2) dt.28-07-2023 2/2 sweet will and has solemnized marriage with the petitioner and she is residing with him. Petitioner has no criminal antecedent. Other co-accused persons namely Jairam @ Ghanti and Sanjay Ram have been granted anticipatory bail by a coordinate Bench of this Court vide order dated 28.03.2022 in Cr. Misc. No. 34192 of 2021.

5. Learned APP opposes 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/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai (Kabaiya) P.S. Case No. 56 of 2021, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Anand Kr.

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