Prabhakar Madhav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53966 of 2023 Arising Out of PS. Case No.-181 Year-2023 Thana- RANIYATALAB District- Patna ====================================================== Prabhakar Madhav Son Of Gurudeo Roy Resident Of Village- Bishunpur Bathua, P.O- Dharmagatpur, Bathua, P.S- Pusha, Distt- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rudra Deo For the Opposite Party/s :

Mr. Bishweshwar Ram Mr. Dhananjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State assisted by learned counsel for the informant.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 365/366 of the Indian Penal Code.

3. As per the prosecution case, allegation against the petitioner is that he has kidnapped the daughter of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the victim has solemnized marriage on 03.06.2023 according to

Patna High Court CR. MISC. No.53966 of 2023(2) dt.31-08-2023 2/2 Arya Marriage with her own consent and freewill at Arya Samaj Temple, Mithapur. He further submits that the date of birth of victim is 03.02.2004 as per her certificate issued by Bihar School Examination Board. He also submits that the statement of the victim was recorded under Section 164 of the Cr.P.C., in which she has not supported the prosecution case. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

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

6. Considering the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) 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 Ranitalab P.S. Case No. 181 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) anand/- U T