Pintu Kumar@ Pintu Kumar Saraf v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62156 of 2023 Arising Out of PS. Case No.-192 Year-2023 Thana- BETTIAH CITY District- West Champaran ====================================================== PINTU KUMAR@ PINTU KUMAR SARAF SON OF LATE NAND KISHORE PRASAD R/O MOHALLA- PURANI GUDARI, GAS LAL CHAUK, BETTIAH, P.S. BETTIAH TOWN (KALIBAGH O.P.), DISTRICTWEST CHAMPARAN ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shiv Kumar Dwivedy For the Opposite Party/s :
Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-04-2024
1. Heard learned counsel for the petitioner and learned A.P.P. for the State, Mr. Chandra Bhushan Prasad.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 379, 384, 385, 387, 366, 504 and 34 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that the petitioner has antecedent of three cases but then the offences for which the cases have been instituted are not cases of serious nature. It is next submitted that petitioner has been falsely implicated in the instant case by the informant who is father-inlaw of the petitioner. It is further submitted that victim is sisterin-law of the petitioner i.e. sister of the wife of the petitioner. It
Patna High Court CR. MISC. No.62156 of 2023(5) dt.09-04-2024 2/3 is next submitted that victim has been recovered and her statement was recorded under Section 164 of the Cr.P.C. wherein she has not supported the case of the prosecution rather has stated that she has performed her marriage with Rajesh Baranwal and is staying at Indore.
4. Learned A.P.P. for the State, Mr. Chandra Bhushan Prasad, submits that in compliance of the order dated 13.03.2024, a counter affidavit on behalf of the Superintendent of Police, Bettiah, West Champaran has been filed, it is further submitted that the victim has not supported the case of the prosecution rather in her statement recorded under Section 164 of the Cr.P.C. has stated that she has performed her marriage with Rajesh Baranwal and is staying at Indore. It is next submitted that during the course of investigation, it also came to the fore that out of the wedlock of the victim with Rajesh Baranwal, a child has also been born.
5. 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 trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.62156 of 2023(5) dt.09-04-2024 3/3 each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bettiah Town (Kalibagh O.P.) P.S. Case No. 192 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishabh/- U T