Kaulesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57326 of 2021 Arising Out of PS. Case No.-107 Year-2021 Thana- CHANDI District- Nalanda ====================================================== KAULESH KUMAR Son of Mahesh Kewat Resident of Village Tajubigha, P.S. - Nalanda, District - Nalanda.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Madhura Nand Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 11-07-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 366A/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is a young boy, aged about 21 years, and is a person with clean antecedent.

The informant alleges that the victim was residing in the house of her grandmother and she went to Hilsa for appearing in the examination of matriculation on 08.03.2021 but she did not return and on making search the informant came to know that Kamlesh Kawet and the petitioner enticed her with an intent to marry when the petitioner is the cousin of the victim. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.57326 of 2021(2) dt.11-07-2022 2/3 petitioner has been falsely implicated in the present case. The date of occurrence is 08.03.2021 and the FIR has been instituted on 15.03.2021 i.e. after a delay of seven days without any plausible explanation. It is next submitted that it absolutely does not stand to reason that had the victim been really kidnapped then definitely the informant would have rushed to the police station for instituting an FIR. It is next submitted that petitioner is cousin of the victim and on account of dispute relating to land and house the present false case has been instituted. It is also submitted that the victim has returned and she now has been married and is living happily at Jehanabad.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner and the fact that petitioner is a young boy and is a person with clean antecedent and the victim has returned back, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor

Patna High Court CR. MISC. No.57326 of 2021(2) dt.11-07-2022 3/3 court in connection with Chandi (Nalanda) P.S. Case No. 107 of 2021, subject to the conditions as laid down under Section 438

(2) of the Cr.P.C.

(Satyavrat Verma, J) Kundan/- U T