Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44629 of 2022 Arising Out of PS. Case No.-58 Year-2020 Thana- KARJA District- Muzaffarpur ====================================================== VIKASH KUMAR S/O RAM BABU SAHNI R/o Village- Kishunpur Madhuban, P.S.- Kudhani, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Ranjan For the Opposite Party/s :

Mrs. Indu Kumari Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-01-2023 Heard the parties.

The petitioner apprehend his arrest in a case registered for the offence punishable under Sections 363, 365, 366/34 of the Indian Penal Code.

The allegation against the petitioner is that he kidnapped the daughter of the informant. It is further alleged that when the informant went to the house of petitioner for enquiry, the mother of the petitioner stated that his daughter has been lifted and married by her son.

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. There is a contradiction between the statement of the victim recorded u/s

Patna High Court CR. MISC. No.44629 of 2022(3) dt.09-01-2023 2/2 161 Cr.PC and 164 Cr.PC. In her statement u/s 164 Cr.PC, she has stated that she solemnized marriage with the petitioner and thereafter asked him to take her to her parents. There is no allegation against the petitioner that he in anyway has tried to physically or sexually harass the victim. Petitioner has no criminal antecedent.

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

Having regard to the facts and circumstances of the case, 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 below where the case is pending/Successor Court in connection with Karja P.S. Case No.58 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T