Raj Kumar @ Raja Kumar @ Raja Babu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59324 of 2022 Arising Out of PS. Case No.-8 Year-2017 Thana- RAJAOLI District- Nawada ====================================================== Raj Kumar @ Raja Kumar @ Raja Babu S/O Shyam Sunder Prasad Resident of Village- Dhamu Chak, P.S.- Rajauli, District- Nawadah. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 363 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that her minor daughter went to bring her maternal grandmother from Rajauli Bus Stand and thereafter she went missing, thereafter it is alleged that a phone call came from Mobile No. 8002045757 and the caller threatened not to search the victim.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case, it is

Patna High Court CR. MISC. No.59324 of 2022(2) dt.19-12-2022 2/3 next submitted that the victim has returned and her statement under Section 164 Cr.P.C. was recorded wherein she has not supported the case of the prosecution and has stated that she fell in love with the petitioner but since they did not belong to the same caste, as such the parents were opposing and thus she went to Ahmedabad with the petitioner and started living like husband and wife. It is next submitted that no doubt the victim, as per assessment of the doctor, was found to be in between 1617 years and also disclosed her age as 16 years in her statement recorded under Section 164 Cr.P.C. but then she was capable of understanding the consequences of her action and thus she did not support the case of the prosecution in her statement recorded under Section 164 Cr.P.C.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five 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.59324 of 2022(2) dt.19-12-2022 3/3 pending/successor court in connection with Rajauli P.S. Case No. 08 of 2017 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

The learned trial court before accepting the bail bonds of the petitioner shall verify the statement of victim recorded under Section 164 Cr.P.C. and if it is found that the victim has not supported the case of the prosecution, then the present anticipatory bail order shall be acted upon and in the event, if it is found that the victim has supported the case of the prosecution, then the present anticipatory bail order shall not be acted upon.

(Satyavrat Verma, J) Rishi/- U T