Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58938 of 2019 Arising Out of PS. Case No.-159 Year-2019 Thana- NAANPUR District- Sitamarhi ====================================================== Mukesh Kumar aged about 23 years (male), son of Arun Kumar Sharma, resident of Village - Majhaur, P.S.- Nanpur, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-09-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner apprehends his arrest in connection with Nanpur P.S. Case No. 159 of 2019 registered under section 363, 366A of the I.P.C.

The allegation against the petitioner is that the petitioner abducted the minor daughter of the informant namely Reema Kumari.

Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in this case inasmuch there was love affair between the petitioner and the victim girl and the victim girl in her statement recorded under Section 164 Cr.P.C has categorically stated that she has entered into a marriage alliance with the petitioner on her own sweet will

Patna High Court CR. MISC. No.58938 of 2019(3) dt.24-09-2019 2/2 with whom she was having a love affair. Learned counsel further submits that the victim girl is aged about 19 years as would be evident from her own declaration made before learned Magistrate. Having regard to the submissions made by the parties and taking into consideration the fact that in her statement recorded under Section 164 Cr.P.C, the victim girl has not said anything against the petitioner and has admitted that she has married with the petitioner on her own will, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, in the event of arrest or surrender before the learned Court below within a period of four weeks from today 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 the learned C.J.M., Sitamarhi in connection with Nanpur P.S. Case No. 159 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Anil Kumar Sinha, J) Anjula/- U