Govind Kumar Singh @ Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45856 of 2023 Arising Out of PS. Case No.-110 Year-2022 Thana- BISFI District- Madhubani ====================================================== GOVIND KUMAR SINGH @ DEEPAK KUMAR son of Binod Kumar Singh Village- Madhupur Ps- Bisfi Patauna Dist- madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiva Shankar Sharma For the Opposite Party/s :

Mr. Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-08-2023

1. Heard learned counsel for the petitioner and learned A.P.P. for the State along with the learned counsel for the informant.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 323, 341, 380, 504, 506, 363, 366(A), 34 of the Indian Penal Code.

3. The informant alleges that earlier Govind kidnapped his granddaughter but she was recovered from the bus, but no case was instituted keeping the prestige of the family in mind which emboldened the accused persons, it is next alleged that the accused persons came variously armed and entered the house and damaged the articles and were looking for his granddaughter and on finding her, tried to kidnap her but on intervention of villagers, she was saved.

Patna High Court CR. MISC. No.45856 of 2023(2) dt.24-08-2023 2/3

4. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent.

5. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, it is next submitted that the petitioner and the granddaughter of the informant were in love, it is next submitted that the present occurrence is alleged to have been committed on 20.03.2022 and the complaint case came to be filed on 13.04.2022 i.e., after a delay of more than 14 days, based on which the present FIR came to be instituted on 16.05.2022, it is also submitted that from bare perusal of the allegations as alleged in the FIR, it would manifest that the same are general and omnibus in nature though initially it is alleged that this petitioner had kidnapped his granddaughter on 12.11.2021 but then for that occurrence, no FIR was instituted. Learned counsel next submits that in the nature of allegation, it can be safely culled out that the petitioner and the victim are in love but then they are in nascent phases of their life and are not aware of the responsibility which lies ahead in life but then the petitioner is not a criminal.

6. Learned A.P.P. for the State along with the learned counsel for the informant opposes the prayer for anticipatory bail of the petitioner but are not in a position to rebut the

Patna High Court CR. MISC. No.45856 of 2023(2) dt.24-08-2023 3/3 submission of the learned counsel for the petitioner that there was an inordinate delay in instituting the complaint based on which the present FIR came to be instituted.

7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bisfi P.S. Case No. 110 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

8. One of the bailor of the petitioner shall be his brother-in-law Nagendra Jha.

9. The Court expects that now the petitioner will improve his conduct and will also not create trouble for the victim.

(Satyavrat Verma, J) HarshPandey/- U T