Guddu Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24420 of 2018 Arising Out of PS.Case No. -356 Year- 2017 Thana -HILSA District- NALANDA (BIHARSHARIFF) ====================================================== Guddu Prasad, Son of Late Jagdish Yadav, Resident of Village-Nakatpura (Kasopur), P.S.-Bihar District-Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Sinha, Advocate For the Opposite Party/s : Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 24-05-2018 Heard learned counsel for the petitioner and learned APP, who has opposed the prayer for bail.

Petitioner is an accused in a case registered for offence under Section 366(A)/34 of the Indian penal Code. It is submitted by learned counsel for the petitioner that, at best, the petitioner is father of the girl for whom it is alleged that the petitioner has been kidnapped for forcibly getting him married. It is submitted by learned counsel for the petitioner that from the statement of the victim boy made under Section 164 Cr.P.C., it would be apparent that the allegation has been levelled against the petitioner along with relatives of the victim boy. He submits that no case under Section 366(A) I.P.C. was made out. It is a case of false implication as is evident from the fact that the

Patna High Court Cr.Misc. No.24420 of 2018 (3) dt.24-05-2018 2/2 F.I.R. was lodged after delay of four days of the alleged occurrence. Petitioner has no criminal antecedent and consequent upon rejection of anticipatory bail on 6.2.2018 in Cr. Misc. No.4869 of 2018, he has been taken into custody on 15.3.2018. Considering the aforesaid submissions, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of S.D.J.M., Nalanda at Hilsa in Hilsa P.S. Case No.356 of 2017 on the following conditions : - One of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner and The petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) N.H./- U T