Patna High CourtCR. MISC./54518/2023bail granted

Manish Kumar v. The State Of Bihar

2023-12-20Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54518 of 2023 Arising Out of PS. Case No.-361 Year-2023 Thana- KHAGARIA District- Khagaria ====================================================== MANISH KUMAR S/O SHARVAN KUMAR @ SHARAVAN RAM R/O VILLAGE- KASIMPUR, WARD NO. 05, KHAGARIA, P.S- MUFFASIL, DISTT.- KHAGARIA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-12-2023

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 Khagaria (Muffasil) Police Station Case No. 361 of 2023, disclosing offences under Sections 363 and 366(A) of the Indian Penal Code.

3. As per the First Information Report, the daughter of the informant was abducted by the petitioner.

4. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and the statement of the victim girl was recorded, under Section 164 Cr.P.C., in which she has stated that she had gone with the petitioner voluntarily to Ludhiana.

Patna High Court CR. MISC. No.54518 of 2023(3) dt.20-12-2023 2/2 She further stated that when his father came to know about her, she was brought back from Ludhiana by him.

5. Having regard to the submissions made on behalf of the parties and taking into consideration the statement of the victim girl recorded under Section 164 Cr.P.C, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, Manish Kumar, in the event of his arrest or surrender before the Court below within four weeks, 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 Chief Judicial Magistrate, Khagaria, in connection with Khagaria (Muffasil) Police Station Case No. 361 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) HarshPandey/- U T