Ravish Gond @ Ravish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47073 of 2024 Arising Out of PS. Case No.-103 Year-2024 Thana- BAGHA District- West Champaran ====================================================== Ravish Gond @ Ravish Kumar Son of Gulab Gond Village -Pipra Dhirauli, P.S. -Bagaha (Pathkhauli), Dist. -West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kr Singh No. 1 For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-08-2024 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

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

3.

The learned counsel for the petitioner submits that petitioner is a person is with clean antecedent and the informant alleges that on 1-3-2024, accused persons including the petitioner came to his house and took his daughter with them stating that she would return after coaching test, when his daughter did not return till 7 pm, thereafter he started searching and asked Sachin about her whereabouts who informed that the accused person had taken his daughter for marrying Dipu, further, on 2-3-2024, informant went to the house of Dipu where

Patna High Court CR. MISC. No.47073 of 2024(2) dt.22-08-2024 2/3 he was abused and assaulted and the family members of Dipu said that his daughter would return after marriage and she has been taken away in conspiracy of all the teachers of the coaching.

4.

Learned counsel for the petitioner submits that petitioner, being own brother of Dipu, has been falsely implicated in the instant case. It is next submitted that the date of occurrence is 1-3-2024 and the FIR came to be instituted on 8-3-2024, i.e., after a delay of 7 days, which amply demonstrates that informant was aware that his daughter had eloped with Dipu. It is also submitted that the victim came back and her statement was recorded under Section 161 Cr.P.C, wherein she did not support the case of the prosecution, but 12 days after her return, her statement was recorded under Section 164 Cr.P.C, wherein she disclosed that this petitioner along with others had taken her to the railway station and handed over to Dipu. Learned counsel submits that victim and Dipu were in love and they eloped and under parental pressure, her statement was recorded under Section 164 Cr.P.C, thus, she implicated the petitioner, who is brother of Dipu.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Patna High Court CR. MISC. No.47073 of 2024(2) dt.22-08-2024 3/3 6.

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. 10,000/- (Rupees Ten 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 Bagaha P.S. Case No. 103 of 2024 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) SUMIT/- U T