Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60247 of 2021 Arising Out of PS. Case No.-305 Year-2021 Thana- ARA NAWADA District- Bhojpur ====================================================== ARUN KUMAR S/o Arjun Prasad R/o Village- Lase Bigha, P.S.- Kako, District- Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amresh Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-07-2022 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 365 and 366 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is having antecedent of one case which was instituted by the present informant and the informant alleges that his daughter had gone to R.L. Memorial Hospital but she did not return and later the informant received a call from the petitioner who disclosed that the victim is with him and they have married each other, accordingly the present case was instituted. Learned counsel for the petitioner submits that admittedly the date of occurrence is 03.02.2021 and the FIR was

Patna High Court CR. MISC. No.60247 of 2021(2) dt.12-07-2022 2/2 instituted on 15.03.2021 i.e., after a delay of more than 42 days. Secondly, the victim has returned and she has not supported the prosecution case.

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 there was an inordinate delay in instituting the FIR, the petitioner abovenamed, 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. 5,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Ara Nawada P.S. Case No. 305 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Shivam/- U T