Gaurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59816 of 2023 Arising Out of PS. Case No.-88 Year-2023 Thana- MANSI District- Khagaria ====================================================== GAURAV KUMAR S/o- SULO YADAV R/o- Saidpur Ps- Mansi DistKhagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shive Kumar, Advocate For the Opposite Party/s :

Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 07-10-2023 Heard the parties.

2. The petitioner is apprehending arrest in connection with Mansi P.S. Case No. 88 of 2023 instituted under under Sections 363, 365, 34 of the Indian Penal Code lodged on 2.4.2023 by the informant, Pankaj Yadav.

3. As per the prosecution story, the allegation is that the informant's daughter went missing and it came to his knowledge that one Gaurav Kumar had made friendship with Amit Kumar who started talking with his daughter and later took away his daughter. Accordingly, the FIR.

4. Learned counsel for the petitioner submits that there was love affair between Amit Kumar and informant's daughter, he being the friend of Amit Kumar, has been unnecessary dragged in the matter. Further, according to his

Patna High Court CR. MISC. No.59816 of 2023(2) dt.07-10-2023 2/3 knowledge, they have solemnized marriage.

5. Learned APP opposes the prayer stating that he being a friend, facilitated the missing of the girl.

6. Taking into account the fact that the main allegation is against Amit Kumar of having taken away the daughter of the informant, the petitioner is a friend, do not have criminal antecedent and is a young boy of 18 years, this Court is inclined to extend him privilege of anticipatory bail.

7. Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Mansi P.S. Case No. 88 of 2023 to the satisfaction of learned Chief Judicial Magistrate, Khagaria subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions. (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his

Patna High Court CR. MISC. No.59816 of 2023(2) dt.07-10-2023 3/3 bail bond by the Trial Court itself;

(iii) the petitioner shall co-operate in the investigation and make himself available to the police as and when required; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Ravi/- U T