Sintu Yadav @ Sintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43715 of 2023 Arising Out of PS. Case No.-50 Year-2023 Thana- DHORAIYA District- Banka ====================================================== SINTU YADAV @ SINTU KUMAR S/O SHIBU YADAV R/O VillageBithuchak, P.S- Sanokhar, Distt.- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subodh Prasad For the Opposite Party/s :

Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-08-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 366A of the Indian Penal Code.

3. Allegedly, the petitioner is said to have kidnapped the minor daughter of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. He submits that both the petitioner and victim have solemnized marriage and are living together. He further submits that earlier this matter was

Patna High Court CR. MISC. No.43715 of 2023(3) dt.28-08-2023 2/3 heard on 04.08.2023 by a co-ordinate Bench of this Court and the learned counsel for the petitioner was orally directed to file a supplementary affidavit stating that the petitioner and the victim girl have solemnized marriage and both of them are residing together as husband and wife. It was also directed that the supplementary affidavit must be sworn by the wife of the petitioner i.e. the victim. He further submits that in compliance of the order of the co-ordinate Bench, he filed a supplementary affidavit duly sworn by the victim in which she has stated that she has solemnized marriage with the petitioner and she is living together with him as his wife. Petitioner has no criminal antecedent, as also mentioned in paragraph-3 of the bail application.

5. Learned APP for the State opposed the prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case as well as considering the statement of victim, let the above named petitioner, be released on bail, in the event of his/her arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court

Patna High Court CR. MISC. No.43715 of 2023(3) dt.28-08-2023 3/3 below where the case is pending/Successor Court in connection with Dhoraiya P.S. Case No.50 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T