Anish Kumar @ Vicky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48715 of 2019 Arising Out of PS. Case No.-161 Year-2019 Thana- HAJIPUR District- Vaishali ====================================================== ANISH KUMAR @ VICKY KUMAR, Son of Umesh Kumar @ Umesh Prasad R/O- Bypass Road Near Canal, P.S.- Ara Town, District- Bhojpur at Present Resident of Village - Sanchipatti, P.S.- Hajipur Town, DistrictVaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Rina Sinha For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-08-2019 The petitioner apprehends his arrest in connection with Hajipur Town P.S.Case No. 161 of 2019 registered under Sections 365 and 366A/34 of the Indian Penal Code. Allegation against the petitioner, as per FIR, is that on 12.02.2019, daughter of the informant, namely, Baby Kumari, went to attend coaching but she did not return back. It is further alleged that upon search, it has been discovered that Bipin Kumar Soni has kidnapped her with the help of this petitioner and others.

Learned counsel for the petitioner submits that the fact is that there was love affair between co-accused Bipin Kumar Soni and victim girl. Learned counsel further submits that girl is aged about 19 years and has solemnized her marriage with Bipin

Patna High Court CR. MISC. No.48715 of 2019(2) dt.05-08-2019 2/2 Kumar Soni and both are riesiding in Delhi. Learned counsel further submits that statement of the victim girl has been recorded under Section 164 Cr.P.C. in which she has accepted the fact that she had gone with Bipin Kumar Soni and has performed marriage with him.

After having heard learned counsel for the parties and taking into consideration the fact that victim girl has gone with Bipin Kumar Soni on her free will and has solemnized marriage with him and she has not disclosed anything against the petitioner, as such I am inclined to grant anticipatory bail to the petitioner. Let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned CJM, Vaishali at Hajipur in connection with Hajipur Town P.S.Case No. 161 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) sujit/- U T