Anant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51442 of 2019 Arising Out of PS. Case No.-38 Year-2019 Thana- PARWALPUR District- Nalanda ====================================================== Anant Kumar, S/o Prabhat Kumar Singh R/o village- Sonchari, P.S.- Parwalpur, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-08-2019 Heard learned counsel for the petitioner, learned counsel appearing on behalf of informant and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Parwalpur P.S. Case no. 38 of 2019, registered under Sections 363 and 365 of the Indian Penal Code and Section 10 of the Child Marriage Protection Act.

The accusation is that informant Laxmi Devi along with her son Krishna Murari, aged about 16 years, had gone to attend marriage ceremony of her sister-in-law's daughter at village-Sonchari. After the marriage, she stayed at village-Sonchari. In the meantime, on 09.03.2019, in the evening, Bipin Sharma, Jainandan Sharma, Sonu Kumar Sharma, Anita Devi and Dejee Devi under conspiracy for the purpose of marriage enticed away her son Krishna Murari boarding on the vehicle. On search no trace was found. The

Patna High Court CR. MISC. No.51442 of 2019(3) dt.28-08-2019 2/2 informant raised suspicion about misshappening with her son. The informant further narrated that the petitioner was also with them.

Learned counsel for the petitioner submits that it would appear from the F.I.R. that specific allegation is against four accused persons named in the F.I.R. regarding kidnapping of minor son of the informant, but with ulterior motive, the name of the petitioner has also been inserted in the bottom of the F.I.R. Further submission is that in the statement of victim recorded under Section 164 of the Cr.P.C. he has not disclosed the name of the petitioner. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. Hilsa (Nalanda) in connection with Parwalpur P.S. Case No. 38 of 2019, subject to the condition as laid down under Section 438

(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T