Akhilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59331 of 2024 Arising Out of PS. Case No.-106 Year-2023 Thana- YADOPUR District- Gopalganj ====================================================== 1.

Akhilesh Kumar Son of Nagina Sah R/V- Vilalge- Nayatola Bhathwa, P.S.- Jadopur, Distt.- Gopalganj 2.

Rambabu Kumar Son of Nagina Sah R/V- Vilalge- Nayatola Bhathwa, P.S.- Jadopur, Distt.- Gopalganj 3.

Nagina Sah Son of Late Dasain Sah R/V- Vilalge- Nayatola Bhathwa, P.S.- Jadopur, Distt.- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyendra Rai For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 05-03-2025 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in a case instituted for the offence punishable under Sections 363, 366(A) of the Indian Penal Code.

3. Allegation against the petitioners is that they abducted his minor daughter on the point of knife while he had gone to appear in Intermediate Examination.

Patna High Court CR. MISC. No.59331 of 2024(5) dt.05-03-2025 2/3

4. Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed no offence. It is further submitted that victim has fallen in love with petitioner No. 1 and they got solemnized marriage without consent of their family members and out of the said wedlock, they are blessed with a child on 17.01.2024. Victim is now major and she is able to take decision of her life. From perusal of statement of the victim, recorded u/s 164 of Cr.P.C., (annexed in case diary) it appears that victim had gone to Delhi with the petitioner with her own sweet will as both are acquainted with each other and thereafter, they solemnized marriage in the temple with her own sweet will.

5. Learned A.P.P. for the State and learned counsel for the informant vehemently opposed the prayer of bail and submitted that after completing investigation, police has submitted chargesheet in this case.

6. Having heard learned counsel for the parties

Patna High Court CR. MISC. No.59331 of 2024(5) dt.05-03-2025 3/3 and in the facts and circumstances of the case as stated u/s 164 Cr.P.C. and considering the statement of victim recorded above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Jadopur P.S. Case no. 106 of 2023, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, IV, Gopalganj, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(S. B. Pd. Singh, J) Nirajkrs/- U T