Ramashankar Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54757 of 2023 Arising Out of PS. Case No.-210 Year-2022 Thana- KARPI District- Jehanabad ====================================================== RAMASHANKAR KUMAR son of Chotelal Mistri Village- Kodra PsPaliganj Dist- Patna P/A- Satwan Ps- Karpi Dist- Arwal ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dhannjay Kumar No 2 For the Opposite Party/s :
Ms.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-08-2023
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Karpi Police Station Case No. 210 of 2022, dated 25.08.2022, disclosing offences punishable under Sections 366-A/504/506/34 of the Indian Penal Code and Section 8 of the Prevention of Children from Sexual Offences Act, 2012.
3. The prosecution case, as per the First Information Report, is that the minor daughter of the informant was abducted by co-accused Guddu Kumar for the purpose of marriage and when the informant went to the house of the coaccused Guddu Kumar to lodge a complaint, all the accused persons abused him and tried to assault him also.
Patna High Court CR. MISC. No.54757 of 2023(2) dt.30-08-2023 2/3 The informant has alleged that his daughter has been abducted in connivance with the accused persons.
4. Learned Counsel for the petitioner submits that the petitioner has been implicated in this case merely because he happens to be the brother of co-accused Guddu Kumar. He further submits that the informant's daughter has performed marriage with co-accused Guddu Kumar and said Guddu Kumar has been granted regular bail by a coordinate Bench of this Court, vide order, dated 21.07.2023, passed in Criminal Misc. No. 40022 of 2023. The mother and father of co-accused Guddu Kumar has been granted anticipatory bail by a coordinate Bench of this Court, vide order, dated 24.07.2023, passed in Criminal Misc. No. 33685 of 2023.
5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that the petitioner is the brother of co-accused Guddu Kumar, with whom the informant's daughter has solemnized marriage and similarly situated co-accused persons (mother and father of co-accused Guddu Kumar) have been granted anticipatory bail by this Court, I am inclined to grant the petitioner privilege of anticipatory bail.
Patna High Court CR. MISC. No.54757 of 2023(2) dt.30-08-2023 3/3
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 6th Additional Sessions Judge -cum- Special Judge, POCSO, Jehanabad, in connection with Karpi Police Station Case No. 210 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √