Sagar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55806 of 2023 Arising Out of PS. Case No.-201 Year-2019 Thana- MADANPUR District- Aurangabad ====================================================== Sagar Kumar Son Of Balram Paswan Resident Of Village - Ahiyapur, P.S. - Haspura, District - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 363 and 366/34 of the Indian Penal Code pending in the learned court below.

3. As per the prosecution case, petitioner is said to have kidnapped the informant's daughter with an intention to marry her.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that on the date of alleged occurrence the informant's daughter had eloped with the petitioner with her own and lived with the petitioner at Delhi. He submits that the statement of the victim was recorded under Section 164 Cr.P.C.

Patna High Court CR. MISC. No.55806 of 2023(2) dt.31-08-2023 2/2 in which she has not supported the prosecution case. He further submits that victim has denied the fact that she is a minor and learned Magistrate assessed the age of the victim 20 years. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes for prayer for bail.

6. Considering the statement of the victim recorded under Section 164 Cr.P.C., let the petitioner, named above, in the event of his arrest/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.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Madanpur P.S. Case No.201/2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T