Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55590 of 2019 Arising Out of PS. Case No.-2 Year-2018 Thana- MEHUSH District- Sheikhpura ====================================================== Chandan Kumar, Son of Umesh Dharhi @ Umesh Ram Resident of Village - Sadarpur, P.S.- Bind, District - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Anjani Pd. Singh For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-09-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Mehus P.S. Case No.2 of 2018, G.R. No.37 of 2018, for the offence punishable under Sections 365, 366A/34 of the Indian Penal Code.

The allegation against the petitioner, as mentioned in the FIR is that the daughter of the informant, Poonam Kumari, had gone to tuition but she did not return to her house. It has further been alleged that after two days, the informant received an information on her mobile that Shambhu Kumar and Chandan Kumar have kidnapped the daughter of informant from village Ramnubigha.

Dr. Anjani Prasad Singh, learned counsel for the petitioner submits that petitioner has falsely been implicated in this case inasmuch as there is love affairs between Shambhu

Patna High Court CR. MISC. No.55590 of 2019(2) dt.03-09-2019 2/2 Kumar and victim, Poonam Kumari. Learned counsel further submits that both have entered into marriage alliance and have sworn joint affidavit to this effect, vide Annexure-2. After having heard learned counsel for the petitioner as well as learned counsel appearing on behalf of the State and taking into consideration the fact that from perusal of Annexure2, it is evident that Poonam Kumari as well as Shambhu Kumar has sworn affidavit jointly and stated therein that they have married together on 09.04.2019, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, is directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by him, he shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Ist Class, Sheikhpura, subject to the condition as mentioned under Section 438 (2) of Cr.P.C. (Anil Kumar Sinha, J) sanjeev/- U T