Abhimanyu Kumar @ Abhimanyu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49295 of 2024 Arising Out of PS. Case No.-132 Year-2023 Thana- GHORASAHAN District- East Champaran ====================================================== Abhimanyu Kumar @ Abhimanyu Rai Son of Bhulendra Rai Resident of Vill.- Gola Pakadiya, P.S.- Lakhaura, District- East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar BIHAR 2.

Most. Lilawati Devi Wife of Late Baccha Thakur Resident of Vill- Gola Pakadiya, P.S.- Lakhaura, District- East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Bharat Lal , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-08-2024 Heard learned counsel for the petitioner and the State .

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 366 , 366 (A) and 34 of the Indian Penal Code .

3. As per the prosecution case , all the F.I.R., named accused persons including this petitioner kidnapped the minor daughter of informant.

4. Learned counsel for the petitioner submits that victim in her statement recorded under Section 164 Cr. P . C has denied the prosecution case and stated that she is in love with this petitioner and she on her own will had gone to

Patna High Court CR. MISC. No.49295 of 2024(2) dt.08-08-2024 2/2 Chandigarh with this petitioner and solemnized marriage with him. Petitioner claims clean antecedent.

5. Learned counsel for the State opposes the bail petition of the petitioner.

6. Considering the statement of the victim recorded under Section 164 Cr. P . C and other circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned 6th Additional Sessions Judge - cum - Special Judge POCSO Act Motihari East Champaran Bihar in connection with Ghorasahan ( Lakhaura) P.S. case No. 132 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .

(Prabhat Kumar Singh, J) Koushik/- U T