Dipak @ Dipak Kumar @ Rahul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 64290 of 2024 Arising Out of PS. Case No.-64 Year-2020 Thana- BYPASS District- Patna ====================================================== DIPAK @ DIPAK KUMAR @ RAHUL Son of Rameshwar Chaudhary Resident of Village - Pratappur, Pasi Tola, P.S.- Mehandiganj, District - Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Shankar Paswan Son of Harinandan Paswan Resident of Marcha, P.S.- Bye Pass, District - Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Section 366A of the Indian Penal Code.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that his minor daughter on 22.02.2020 at 9.00 am went to her college but did not return, further on search victim was not found, next alleges that he received a call from mobile No. 7050087990 and his daughter informed that petitioner has brought her on pretext of marriage but she does

Patna High Court CR. MISC. No. 64290 of 2024(2) dt.23-10-2024 2/3 not know the name of the place where she is kept.

4. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the instant case by the informant. It is further submitted that the victim and the elder brother of the informant was in love and they eloped and even got married and out of the wedlock a child was born. It is next submitted that if the victim was kidnapped she would not have been allowed to make a call on the mobile of her father. It has also submitted that though in the FIR it is alleged that the victim is aged about 17 years and one month but then the victim is a major. It is next submitted that the date of occurrence is 22.02.2020 but the FIR came to be instituted on 27.02.2020 i.e., after a delay of five days which also caste an aspersion on the case of the prosecution.

5. Learned A.P.P. opposes the bail application.

6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is

Patna High Court CR. MISC. No. 64290 of 2024(2) dt.23-10-2024 3/3 pending in connection with Bypass P. S. Case No.64 of 2020 subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) Prakash/- U