Gaurav Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40082 of 2018 Arising Out of PS. Case No.-8 Year-2018 Thana- MAHILA P.S. District- Lakhisarai ====================================================== Gaurav Kumar Son of Pappu Mandal, resident of Village- Pachna Road, Naya Bazar, In-front of Bharat Mata Temple, Police Station- Kabaiya, DistrictLakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rabi Bhushan For the Opposite Party/s :

Mr. Sri Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-09-2018 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant. The petitioner seeks Anticipatory bail in connection with Lakhisarai Mahila P.S. Case No. 08 of 2018 registered under Sections 366(A), 376, 420, 120(B), 452, 347, 387, 34, 504, 506 of the Indian Penal Code and Section 8 of POCSO Act. Allegation against the petitioner is of kidnapping of the minor daughter of the informant.

It has been submitted on behalf of the petitioner that the petitioner is quite innocent and has been falsely implicated in this case. It has been further submitted that informant is habitual in lodging cases. She had earlier also lodged the case against the petitioner for similar offence in which anticipatory

Patna High Court Cr.Misc. No.40082 of 2018(4) dt.04-09-2018 2/2 bail was granted to him. Victim in her statement recorded under Section 164 of Cr.P.C. in earlier case had stated that she had willingly and voluntary gone with petitioner and they have married.

Learned Counsel for the informant has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

Considering the facts and circumstances of the case, prayer of Anticipatory bail is allowed and petitioner named above in the event of arrest or surrender before the court below within four weeks from today, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional District and Sessions Judge, Lakhisarai, in connection with Lakhisarai Mahila P.S. Case No. 08 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (S. Kumar, J) veena/- U T