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Patna High CourtCR. MISC./44315/2023bail granted

Amarjeet Kumar v. The State Of Bihar

2023-11-22Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44315 of 2023 Arising Out of PS. Case No.-113 Year-2021 Thana- MITHANPURA District- Muzaffarpur ====================================================== Amarjeet Kumar S/O- Satya Narayan Chaudhry Village- Laskara Ps- Tajpur District- Samastipur ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Hari Kishore Thakur, Advocate For the State :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-11-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The Petitioner is apprehending his arrest in a case registered for the offences punishable u/s 366-A/ 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have kidnapped the minor daughter of the informant by enticing her.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There was love affair between the petitioner and the victim in her

Patna High Court CR. MISC. No.44315 of 2023(4) dt.22-11-2023 2/2 statement recorded under Section 164 Cr.P.C. has stated that she did not want to marry with the petitioner. As per the Medical Board the victim is aged between 17 to 18 years. The learned counsel further submitted that the victim was not forced to have illicit intercourse with another person. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

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

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned, A.C.J.M. 9th Muzaffarpur in connection with Mithanpura P.S. Case No. 113 of 2021 , subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

(Chandra Prakash Singh, J) shweta/- U T