Gulshan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52553 of 2024 Arising Out of PS. Case No.-209 Year-2024 Thana- RAJAOLI District- Nawada ====================================================== Gulshan Kumar, S/o Ramashish Yadav, R/o vill - Kunharua, P.S. - Rajauli, Distt. - Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Deepak Kumar, Adv.
For the Opposite Party/s :
Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 27-08-2024
1. Heard Mr. Deepak Kumar, learned counsel for the petitioner and Md. Matloob Rab, learned APP for the State.
2. The petitioner apprehends his arrest in connection with Rajauli P.S. Case No. 209 of 2024 dated 04.05.2024 registered for the offence punishable under Section 366A of the Indian Penal Code.
3. Learned counsel appearing for the petitioner submits that the accusation levelled against the petitioner is false and concocted and from bare perusal of the FIR itself, it would appear that the informant has raised suspicion against him and except this, there is nothing to connect him with the present case. Learned counsel further submits that the petitioner and the victim both were in love with each other and in the statement recorded under Section 164 of Cr.P.C., she stated that she went along with this petitioner on her own sweet will as her parents had fixed her
Patna High Court CR. MISC. No.52553 of 2024(2) dt.27-08-2024 2/2 marriage with someone else. Learned counsel further submits that the petitioner has fair and clean antecedent and the victim was a major girl at the time of alleged occurrence.
4. Learned APP for the State has opposed the prayer for bail.
5. Having considered the aforenoted submissions and mainly the facts that the so-called victim has been recovered and she has recorded her statement under Section 164 of Cr.P.C. denying the allegations levelled against this petitioner in the FIR and the petitioner is said to be 22 year old person having fair and clean antecedent, in my opinion, it is a fit case for anticipatory bail to the petitioner. Accordingly, let the petitioner named-above, 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 bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Rajauli P.S. Case No. 209 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Shailendra Singh, J) annu/- U T