Saurav Kumar @ Saurav Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50044 of 2024 Arising Out of PS. Case No.-592 Year-2022 Thana- BIDUPUR District- Vaishali ====================================================== Saurav Kumar @ Saurav Yadav, S/o Vijay Ray, R/o Village Bidupur Dih, P.S.- Bidupur, Distt. - Vaishali ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Saurav Kumar Son of Vinod Kumar R/o Village- Bidupur Kali Asthan, P.S.- Bidupur, Dist.- Vaishali ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mritunjay Kumar, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 20-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Bidupur P.S. Case No. 592 of 2022 dated 07.11.2022 registered for the offences punishable under sections 363, 366A read with section 34 of the Indian Penal Code.

3. Mr. Mritunjay Kumar, learned counsel appearing for the petitioner submits that the petitioner is a very young person, aged about 23 years, the allegation levelled against him in the FIR are totally false, in fact the so-called victim left her father's house according to her own will on account of having love affair with this petitioner and finally she solemnized

Patna High Court CR. MISC. No.50044 of 2024(2) dt.20-07-2024 2/3 marriage with this petitioner and one child has also born out of their conjugal relationship. Learned counsel further submits that the order impugned in itself clearly shows that after one year and two months from the commission of the alleged offence, the so-called victim herself returned back and appeared at the police station and thereafter, she recorded her statement under section 164 of Cr.P.C. in which she accepted her matrimonial relationship with this petitioner. Learned counsel further submits that if the petitioner is taken in custody then his career as well as victim's career and their child's life would be ruined and the petitioner has got no criminal antecedent.

4. Mr. Sanjay Kumar Sharma, learned APP for the State has opposed the prayer for bail.

5. Having regard to the above submissions and mainly taking into account the victim's statement recorded before the Judicial Magistrate under section 164 of Cr.P.C. which has been discussed in the order impugned and also coupled with petitioner's young age, this Court is inclined to take a lenient approach to the petitioner's prayer for bail. Accordingly, let the petitioner named-above, 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

Patna High Court CR. MISC. No.50044 of 2024(2) dt.20-07-2024 3/3 on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Bidupur P.S. Case No. 592 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Shailendra Singh, J) annu/- U T