Ujjawal Kumar Bharti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43202 of 2023 Arising Out of PS. Case No.-32 Year-2023 Thana- GORIAKOTHI District- Siwan ====================================================== Ujjawal Kumar Bharti S/O Hirdya Bharti Resident of Village- Goriyakothi Pashchimwari Mathiya, P.S- Goriyakothi, District- Siwan. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Kumari Anupam, Advocate For the Opposite Party/s :
Mr. Braj Kishore Pd., (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Goriyakothi P.S. Case No. 32 of 2023 registered for the offence punishable under Sections 363 and 366 A of the Indian Penal Code.
3. As per prosecution case, the minor daughter of the informant has been kidnapped by the accused persons including the petitioner.
4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. The FIR was lodged after delay of 12 days without any reasonable cause. The age of victim girl is more than 18 years. She in her statement under Section 164 Cr.P.C. has stated that
Patna High Court CR. MISC. No.43202 of 2023(2) dt.04-08-2023 2/2 she herself on 25.03.2023 out of her free will went to Gaziabad and solemnized her marriage with the petitioner. There is no overt act against the petitioner and his family members. Petitioner has no criminal antecedent.
5. Learned APP for the State opposed the prayer for anticipatory bail.
6. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount to the satisfaction of the learned J.M. 1st Class, Siwan in connection with Goriyakothi P.S. Case No. 32 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) shweta/- U T