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Patna High CourtCR. MISC./46076/2022allowed

Rajeev Kumar @ Rajeev Kumar Parihar v. The State Of Bihar

2022-12-01Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46076 of 2022 Arising Out of PS. Case No.-231 Year-2019 Thana- FALKA District- Katihar ====================================================== RAJEEV KUMAR @ RAJEEV KUMAR PARIHAR SON OF JIVAN PARIHAR R/O VILLAGE- DEVA LAXMIPUR, P.S.- AMDABAD, DISTRICT- KATIHAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajendra Prasad Sah For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-12-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

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

The allegation against the petitioner is that he kidnapped the grand-daughter of the informant and solemnized marriage with her.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in

Patna High Court CR. MISC. No.46076 of 2022(2) dt.01-12-2022 2/2 the manner as alleged, has ever taken place. The statement of the victim was recorded u/s 164 Cr.PC in which she had supported the prosecution case but later on the victim conjugated the marriage and out of the wedlock she was blessed with a male child. He further submits that the petitioner and the victim are living together with their child quite happily. 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 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 Falka (Pothiya) P.S. Case No.231 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) shikha/- U T