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Patna High CourtCR. MISC./46671/2023dismissed

Deepak Kumar v. The State Of Bihar

2023-10-12Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46671 of 2023 Arising Out of PS. Case No.-600 Year-2022 Thana- ALOULI District- Khagaria ====================================================== DEEPAK KUMAR SON OF SITARAM RAM RESIDENT OF VILLAGE - DIGHANI, WARD NO. 1, PS- ALAULI, DISTT- KHAGARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar Singh For the Opposite Party/s :

Mr. Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State

2. The petitioner apprehends his arrest in Alauli P.S. Case No. 600/2022 registered for the offences punishable under Section 366A/34 of the Indian Penal Code.

3. The petitioner in association of other co-accused is said to have abducted the daughter of the informant and solemnized marriage with her.

4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. As a matter of fact, the victim has eloped with the petitioner out of her own volition. Learned counsel for the petitioner fairly submitted that the victim is minor. Petitioner has no criminal antecedent as mentioned in

Patna High Court CR. MISC. No.46671 of 2023(3) dt.12-10-2023 2/2 para-3 of this application.

5. Learned APP for the State vehemently opposing the bail petition submitted that the victim is minor, hence the petitioner does not deserve bail.

6. Considering the facts and circumstances of case as also the fact that the victim is minor, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order.

(Anjani Kumar Sharan, J) Trivedi/- U T