Gulshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57630 of 2023 Arising Out of PS. Case No.-65 Year-2023 Thana- BIBHUTIPUR District- Samastipur ====================================================== GULSHAN KUMAR SON OF ASHOK MAHTO RESIDENT OF MOHANPUR BORIA, PS- BIBHUTIPUR, DIST- SAMASTIPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mirityunjay Kumar , Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-09-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 366(A) of the Indian Penal Code.

3. Petitioner is alleged to have kidnapped the minor daughter of the informant.

4. It is submitted on behalf of the petitioner that victim in her statement recorded under section 164 Cr. P . C . has denied the prosecution case and stated that she herself, on her own sweet will went to Delhi with the petitioner and no one kidnapped her. It is further stated that she has already solemnized marriage with the petitioner on 10.03.2023.

5. Learned counsel for the State opposes the bail

Patna High Court CR. MISC. No.57630 of 2023(2) dt.05-09-2023 2/2 petition of the petitioner.

6. Considering the statement of the victim recorded under section164 Cr. P . C . and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Special Judge (POCSO) or Successor Court, Samastipur in connection with Bibhutipur P.S. case no. 65 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Kaushik/- U T