Randhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45891 of 2023 Arising Out of PS. Case No.-104 Year-2022 Thana- BACHHWARA District- Begusarai ====================================================== RANDHIR KUMAR SON OF SRI NIVAS YADAV RESIDENT OF VILLAGE- BHUTHRI, POLICE STATION- BACHHAWARA, DISTRICTBEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Kumar For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-08-2023

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Bachhawara Police Station Case No. 104 of 2022, dated 06.05.2022, disclosing offences punishable under Sections 366-A/34 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that co-accused Ankit Kumar, with the help of other coaccused persons, including the petitioner, have abducted the minor niece of the informant for the purpose of marriage.

4. Learned Counsel for the petitioner submits that the petitioner is not named in the First Information Report

Patna High Court CR. MISC. No.45891 of 2023(2) dt.04-08-2023 2/3 and his name has transpired during the course of investigation based upon the statement of the victim girl, recorded under Section 164 of the Code of Criminal Procedure, 1973. He further submit that in her statement, the victim girl has stated that Shivam Kumar, co-accused Ankit Kumar and others had taken her on a motorcycle in a temple where co-accused Ankit Kumar solemnized marriage with her by threatening her. He next submits that co-accused Shivam Kumar, having similar allegation, has been granted anticipatory bail by co-ordinate Bench of this Court, vie order, dated 15.22.2022, passed in Criminal Misc. No. 49188 of 2022.

5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that similarly situated co-accused person has been granted anticipatory bail by this Court, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties

Patna High Court CR. MISC. No.45891 of 2023(2) dt.04-08-2023 3/3 of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Begusarai, in connection with Bachhawara Police Station Case No. 104 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √