Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59188 of 2023 Arising Out of PS. Case No.-358 Year-2021 Thana- PALIGANJ District- Patna ====================================================== Chandan Kumar Son Of Madan Ram Resident Of Village Chhata, P.S. - Masaudhi, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-09-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Paliganj P.S. Case No. 358 of 2021 dated 24.09.2021 registered for the offence punishable u/s 365 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and some unknown miscreants are alleged to have kidnapped the minor daughter of the informant forcibly.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There was love affair between both the parties. Learned counsel has further

Patna High Court CR. MISC. No.59188 of 2023(2) dt.22-09-2023 2/2 submitted that the victim in her statement recorded u/s 164 of the Cr.P.C has stated that she solemnized marriage with the petitioner. It is further submitted that the victim was not forced to have illicit intercourse with another person. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Danapur, Patna in connection with Paliganj P.S. Case No. 358 of 2021, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

atul/- (Chandra Prakash Singh, J) U T