Vikash Kumar @ Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43264 of 2022 Arising Out of PS. Case No.-27 Year-2021 Thana- LAUKARIA District- West Champaran ====================================================== VIKASH KUMAR @ NITISH KUMAR Son of nagina Choudhary Resident of Village- Bharpatiya, P.s.- Shri Nagar Pujaha, Distt.- West Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar Shrivastava, Adv.

For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-11-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offence under Sections 366(A), 504, 506/34 of the Indian Penal Code.

The daughter of the informant is said to have been abducted by the petitioner and his companions for the purpose of performing marriage.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. He further submits that in fact the petitioner and daughter of the informant were having love affairs with each other and

Patna High Court CR. MISC. No.43264 of 2022(2) dt.15-11-2022 2/3 on account thereof the victim has left her house with her own volition and performed registered marriage with the petitioner on 03.06.2021 before the Registrar -cumMarriage Registration Officer, Ghaziabad (UP). He further submits that the victim was medically examined by the doctor who opined that she is major having age of 17-19 years. He further submits that no case of abduction is made out against the petitioner. Hence, the petitioner may be granted the privilege of anticipatory bail.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the, above named, petitioner in the event of arrest of surrender before the court below within a period of four weeks from the date of order be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Laukariya P.S. Case No. 27 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C. as also with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall

Patna High Court CR. MISC. No.43264 of 2022(2) dt.15-11-2022 3/3 be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T