Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61718 of 2023 Arising Out of PS. Case No.-422 Year-2023 Thana- KHAJANCHI HAT District- Purnia ====================================================== RAHUL KUMAR son of Sunil Kumar @ Sunil Yadav Village- Gulela Aurahi Ps- badhara Court, Dist- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rina Sinha, Adv.

For the Opposite Party/s :

Mr.Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 14-12-2023 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 a case in connection with K. Hat Maranga P.S. Case No. 422 of 2023 dated 04.04.2023 registered for the offence/s punishable u/ss 363 and 366A of the Indian Penal Code.

4. As per the prosecution case, the petitioner along with the co-accused person is alleged to have kidnapped the minor daughter of the informant for the purpose of marriage.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. Learned

Patna High Court CR. MISC. No.61718 of 2023(4) dt.14-12-2023 2/2 counsel has further submitted that there is love affair between the petitioner and the victim girl. The victim in her statement recorded under sections 161 and 164 of the C.r. P.C. has stated that she went with the petitioner of her own will and got married and both want to lead their conjugal life together. Learned counsel has further submitted that the victim was not forced to have illicit intercourse with another person. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

6. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition 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 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, Purnia in connection with K. Hat Maranga P.S. Case No. 422 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

8. The application stands allowed.

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