Kundan Saw @ Kundan Prasad Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42831 of 2023 Arising Out of PS. Case No.-402 Year-2022 Thana- BYPASS District- Patna ====================================================== KUNDAN SAW @ KUNDAN PRASAD GUPTA S/o- SHIV BALI SAW Village- Mauja Bigha Chuavar Ps- Imamganj Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-08-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Bypass P.S. Case No. 402 of 2022 registered for the offences punishable under Sections 366(A) and 34 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that his minor daughter was missing since 19.09.2022 and during inquiry it transpired that petitioner along with his son Suraj and wife Sunita Devi enticed her away for purposes of marriage.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case being

Patna High Court CR. MISC. No.42831 of 2023(2) dt.11-08-2023 2/2 father of Suraj, it is next submitted that victim and Suraj have already solemnized their marriage on 08.12.2022. It is further submitted that Suraj is in custody and his mother was also arrested and sent to jail but the learned counsel does not have instruction whether she has been enlarged on bail or not, it is next submitted that petitioner did not have any inkling even that Suraj and victim were in love and they eloped.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Bypass P.S. Case No. 402 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T