Kanchan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57557 of 2024 Arising Out of PS. Case No.-333 Year-2020 Thana- JHAJHA District- Jamui ====================================================== Kanchan Kumar Son of Dipu Yadav R/O Vill.- Oraiya, P.S.- Jhajha, Dist.- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanju Singh For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 31-08-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 366(a) of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that on 20.09.2020 his minor daughter aged about 16 years had gone out to purchase grocery but did not return, next alleges that petitioner along with his parents had tried to kidnap his daughter but was caught by the villagers, thus had threatened to kidnap his daughter, hence alleges that his daughter has been kidnapped by the accused persons including the petitioner.

4. The learned counsel submits that petitioner has been falsely implicated in the instant case by the informant. It is next

Patna High Court CR. MISC. No.57557 of 2024(2) dt.31-08-2024 2/2 submitted that victim and the petitioner were in love and the statement of the victim was recorded under section 164 Cr.P.C., wherein she has not supported the case of the prosecution and has disclosed her age as 19 years. It is also submitted that petitioner and the victim have performed the marriage and out of the wedlock, a child was born, who presently is aged about 2 years and is staying with them, as has been pleaded at para-11 and 12 of the anticipatory bail application.

4. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Jhajha P.S. Case No.333/2020, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) amit/- U T