Varun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43583 of 2022 Arising Out of PS. Case No.-628 Year-2020 Thana- KANKARBAG District- Patna ====================================================== Varun Kumar S/o Sri Rajan Ram Resident of House No. B-106, P.C. Colony, Kankarbagh, P.S.- Kankarbagh, Town, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Ananya Maitin, Advocate : Mr. Mohit Agarwal, Advocate : Mrs. Priya Agarwal, Advocate For the Opposite Party/s :

Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-11-2022 Heard learned counsel for the petitioner and learned counsel for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 363 and 365 of the Indian Penal Code.

According to the prosecution case, the daughter of the informant was missing, so the informant went to the house of the petitioner and found that the petitioner was also not present in the house since morning. It is alleged that the petitioner has taken away the daughter of the informant after

Patna High Court CR. MISC. No.43583 of 2022(2) dt.15-11-2022 2/3 alluring her.

Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the petitioner and the victim girl was in love. He further submits that the victim girl recorded her statement under Section 164 of the Cr.P.C. in which she has categorically stated that she went along with the petitioner out of her own free will and the petitioner has no role at all in the present occurrence. The learned counsel for the State has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the 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 the learned Court below where the case is pending in connection with Kankarbagh P.S. Case No.

1. Petitioner shall co-operate in the trial and shall

Patna High Court CR. MISC. No.43583 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 absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled 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.

3. 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) vanisha/- U T