Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54254 of 2023 Arising Out of PS. Case No.-23 Year-2023 Thana- BANGARA District- Samastipur ====================================================== Abhishek Kumar, S/O Ramnaresh Bhagat @ Ram Naresh Chourasiya, Resident Of Village- Kothia, Ward No.-03, P.S- N.H. Bangara, Distt.- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amar Kumar Singh For the Opposite Party/s :

Mr. Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 08-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. In this case, the petitioner is apprehending his arrest in connection with N.H. Bangara P.S. Case No. 23 of 2023, registered for the offences under Sections 363 and 366 of the Indian Penal Code.

3. As per prosecution case, the petitioner and other co-accused persons kidnapped the daughter of the informant with intention to marry her.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Petitioner and the daughter of the informant have voluntarily solemnized their marriage and they are living

Patna High Court CR. MISC. No.54254 of 2023(2) dt.08-09-2023 2/3 together. The statement of the victim girl has also been recorded in which she has not made any allegation against the petitioner. There is no allegation with any sexual connotation. The FIR has been lodged after delay of two days and no explanation has been given in this regard. Learned counsel further submits that nothing of substance came up against the petitioner during investigation. The matter has also been compromised between the parties and a petition in this regard has been filed before the learned court below. The petitioner is having clean antecedent.

5. Learned APP opposes the prayer for anticipatory bail made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the voluntary act of the victim lady, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty Thousand Only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Samastipur/ court concerned in connection with N.H. Bangara P.S. Case No. 23 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and

Patna High Court CR. MISC. No.54254 of 2023(2) dt.08-09-2023 3/3 other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) balmukund/- U T