Gautam Kumar Baitha @ Gautam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No 58411 of 2023 Arising Out of PS. Case No.-298 Year-2022 Thana- KUTUMBA District- Aurangabad ====================================================== Gautam Kumar Baitha @ Gautam Kumar Son of Nand Kishor Baitha R/o vill - Manoratha, P.s. - Kutumba, Distt. - Aurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr Brij Bihari Tiwary, Advocate For the Opposite Party/s :
Mr Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 20-09-2023 Heard learned counsel for the petitioner and the learned APP for the State.
2 The petitioner apprehends his arrest in connection with Kutumba PS Case No 298 of 2022 instituted under Sections 366A/34 of Indian Penal Code.
3 As per the prosecution case, allegation against the petitioner is that he has taken away the minor daughter of the informant with the intent to solemnize marriage with her. 4 Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Informant's daughter is about 18 years old and in her statement, she has not levelled any allegation against the petitioner. It is further submitted that the petitioner bears clean
Patna High Court CR. MISC. No.58411 of 2023(2) dt.20-09-2023 2/2 antecedent.
5 Learned APP opposes the prayer for anticipatory bail.
6 Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner shall be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Special Judge, POCSO, Aurangabad in connection with Kutumba PS Case No 298 of 2022 subject to the conditions as laid down in Section 438 (2) of the Code of Criminal Procedure, 1973.
(Sunil Dutta Mishra, J) M.E.H./- U T