Amit Kumar @ Bhagat Ji v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45188 of 2018 Arising Out of PS.Case No. -44 Year- 2018 Thana -HULASGANJ District- JEHANABAD ====================================================== Amit Kumar @ Bhagat Ji, Son of Janardan Yadav, resident of VillageTirra, Police Station- Hulasganj in the district of Jehanabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Navin Sharma, Advocate. For the Opposite Party/s : Mr. Parmanand Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-08-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Hulasganj P.S. Case No. 44 of 2018 instituted for the offence under Sections 365 and 366/34 of the Indian Penal Code.

In the written report it is alleged that married daughter of the informant namely Renu Kumari has been kidnapped by this petitioner.

Counsel for the petitioner submits that daughter of the informant namely Renu Kumari has performed marriage with this petitioner for which both of them have sworn an affidavit before Notary Public Jehanabad, which has been enclosed as Annexure-2. Counsel for the petitioner further submits that father of petitioner has also filed petition before Chief Judicial Magistrate, Jehanabad, stating that his son (petitioner) and Renu Kumari (daughter of the informant) have

Patna High Court Cr.Misc. No.45188 of 2018 (2) dt.08-08-2018 2/2 solemnized marriage in temple, copy of which, has been enclosed as Annexure-3. In the written report the informant has himself stated that his daughter is 18 years old.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Hulasganj P.S. Case No. 44 of 2018, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri R.K. Rajak, learned Sub Judge-4-cum Additional Chief Judicial Magistrate, Jehanabad, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and

(3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/- Rohit Kr.

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