Naveen Kumar @ Naveen Dev v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57154 of 2023 Arising Out of PS. Case No.-183 Year-2022 Thana- MAHNAR District- Vaishali ====================================================== NAVEEN KUMAR @ NAVEEN DEV, aged about 22 years, Male, SON OF SUKHDEO RAM, resident of village - MAKKANPUR, PS- MAHNAR, DIST- VAISHALI ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Santosh Kumar, Advocate For the Opposite Party/s :
Mr.Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 13-09-2023
1. Heard learned counsel for the petitioner and the learned APP for the State.
2. The petitioner apprehends his arrest in connection with Mahnar P.S. Case No. 183 of 2022 dated 05.07.2022 registered for the offence(s) punishable under Section(s) 363, 366(A), 34 of the Indian Penal Code.
3. The main submissions advanced by the learned counsel for the petitioner are that the petitioner is a young boy, aged about 22 years having fair and clean antecedent and the FIR of the instant matter was lodged five days after the commission of the alleged occurrence and the said delay has not
Patna High Court CR. MISC. No.57154 of 2023(2) dt.13-09-2023 2/3 been explained as the alleged occurrence had come in the knowledge of the informant on 30.06.2022 but the FIR was lodged on 05.07.2022 and during investigation the so-called victim has been recovered and she recorded her statement under Section 164 Cr.P.C. in which she did not make any allegation against this petitioner and her statement has been discussed in the order impugned. Further submissions are that the so-called victim has sworn her own affidavit, denying the allegations of the FIR and accepting her matrimonial relation with this petitioner and she revealed her age as 20 years in the said affidavit.
4. Learned APP appearing for the State has opposed the bail prayer.
5. Considering the above submissions and mainly petitioner's young age and also the fact that the victim has been recovered, in my opinion, in the said circumstances, petitioner deserves to the privilege of anticipatory bail. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Mahnar P.S. Case No. 183 of 2022 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.57154 of 2023(2) dt.13-09-2023 3/3 each to the satisfaction of the Court concerned, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Shailendra Singh, J) Sanjay/- U T