Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53304 of 2021 Arising Out of PS. Case No.-133 Year-2019 Thana- DERNI BAZAR District- Saran ====================================================== AMIT KUMAR SON OF DIWAKAR MAHTO RESIDENT OF VILL - RASULPUR, KHIRIKIYA, P.S- DERNI, DIST- SARAN AT CHAPRA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nawal Kishore Singh, Advocate For the Informant :

Mr. Pawan Kumar Singh, Advocate For the Opposite Party/s :

Mr. Dr. Ajeet Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-07-2022 Heard learned counsel for the petitioner, the informant and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 366(A)/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent. Allegation against the petitioner along with other accused persons is of kidnapping the daughter of the informant. Learned counsel for the petitioner submits that victim is a major, aged about 20 years, and she on her own volition went with the petitioner and they performed their marriage in the temple of Lord Shiva at Junagadh, Gujarat. It is next

Patna High Court CR. MISC. No.53304 of 2021(4) dt.11-07-2022 2/2 submitted that out of the wedlock a female child is also born. It is further submitted that since the marriage was performed without the permission of the informant and his family members, as such, in rage, the present FIR came to be instituted. Learned counsel for the informant very fairly submits that both the petitioner and the victim have married and they also have a daughter, as such, he does not oppose the anticipatory bail application of the petitioner.

Considering the submissions made by the learned counsel for the petitioner and taking into consideration the submissions made by the learned counsel for the informant, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.2,000/- (Rupees Two 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 Derni P.S. Case No. 133 of 2019, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.