Vijay Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47350 of 2023 Arising Out of PS. Case No.-50 Year-2023 Thana- NAUTAN District- Siwan ====================================================== Vijay Bhagat S/O Chandrama Bhagat Resident Of Village- Vasdewa Jagdishpur, P.S.- Nautan, District- Siwan ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner in the present case is seeking pre-arrest bail in connection with Nautan P.S. Case No. 50 of 2023 registered for the offences punishable under Sections 366(A)/34 of the Indian Penal Code. He has got no criminal antecedent.

3. Learned counsel for the petitioner submits that the informant alleges that Pappu Bhagat son of this petitioner kidnapped minor daughter of the informant on the pretext of marriage. It is also alleged that when the informant went to the house of the petitioner to enquire about her daughter, this petitioner abused him.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the FIR has been lodged after the delay of three days.

5. Learned APP for the State has opposed the prayer for

Patna High Court CR. MISC. No.47350 of 2023(2) dt.11-08-2023 2/2 anticipatory bail of the petitioner.

6. Having regard to the submission that the petitioner is the father of the boy who has allegedly kidnapped the daughter of the informant with an intention to marry, the case has been lodged three days after the alleged occurrence and the petitioner has no criminal antecedent, this Court directs that in case of his arrest or surrender within a period of four weeks from today, the petitioner above named be released on bail in connection with Nautan P.S. Case No. 50 of 2023 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

8. This application stands allowed.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U T