Abhishek Sah @ Abhishek Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47005 of 2023 Arising Out of PS. Case No.-37 Year-2023 Thana- KURSAKANTA District- Araria ====================================================== Abhishek Sah @ Abhishek Kumar Sah, Male, aged about 22 years, Son of Birendra Sah, Resident of Village Megra Mehdipur, Ward No 02, P.S. Kursakanta, District-Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Prasad Singh, Advocate For the State :
Mr.Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 19-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Kursakanta P.S. Case No. 37 of 2023 dated 26.02.2023 instituted under Sections 366 and 366A/34 of the Indian Penal Code.
3. As per the prosecution case, the minor daughter of the informant was kidnapped by the petitioner along with coaccused persons.
4. Learned counsel for the petitioner submits that petitioner is innocent, committed no offence and has falsely been implicated in this case. The victim girl in her statement recorded under Section 164 Cr.P.C. has disclosed that her age
Patna High Court CR. MISC. No.47005 of 2023(2) dt.19-08-2023 2/2 to be 20 years and she stated that she was in love affairs with the petitioner and due to difference of caste, her family members were not ready to get her married with him. She was not kidnapped rather she went on her own volition and she left herself from the house. The petitioner has no criminal antecedent.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., 1st, Araria in Kursakanta P.S. Case No. 37 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) P. Kumar U T