Dhruv Shah @ Dhrup Shah @ Dhruv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55234 of 2022 Arising Out of PS. Case No.-174 Year-2022 Thana- CHHAURADANO District- East Champaran ====================================================== Dhruv Shah @ Dhrup Shah @ Dhruv Kumar, Son of Shambhu Sah R/VMahuawa, P.S- Mahuawa, Dist- East Champaran , Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar, Advocate For the State :

Mr. Sharda Kumari, APP For the Informant : Mr. Pankaj Kumar Debey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-02-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 366 and 379 of the Indian Penal Code.

As per the prosecution case, the petitioner is alleged to have kidnapped the daughter-in-law of the informant by enticing her for the purpose of marriage.

Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.55234 of 2022(3) dt.24-02-2023 2/3 the petitioner is innocent and has been falsely implicated in this case. The victim in her statement recorded under Section 164 of the Cr.P.C has stated that there is love affair between the petitioner and the victim. She contracted second marriage with the petitioner and she is a major girl. The petitioner has got clean antecedent as stated in para 3 of the bail petition. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the materials available on record, let the above named petitioner, in the event of his arrest/ surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Raxaul at Motihari, East Champaran in connection with Chhauradano (Mahuawa) P.S. Case No. 174 of 2022, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure and also the following condition.

1. The Court below shall verify the criminal antecedent of the petitioner and at any stage, if it is found that the petitioner has concealed his criminal antecedent, the Court

Patna High Court CR. MISC. No.55234 of 2022(3) dt.24-02-2023 3/3 below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T