Avinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72032 of 2021 Arising Out of PS. Case No.-76 Year-2020 Thana- PIPRAKOTHI District- East Champaran ====================================================== Avinash Kumar Son of Tuntun Sahani Resident of Village - Raghunathpur Bhaluwa, P.S. - Raghunathpur O.P. (Turkauliya), District - East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Kundan Rathore, Advocate For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Piprakothi P.S. Case No. 76 of 2020 registered under Sections 363, 366 and 494 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 05.08.2021, is a person with clean antecedent, charge-sheet has been submitted in the case and the informant alleges that the named accused persons took her married daughter for attending a Pooja but the victim did not return, further when the informant went to the house of the accused persons to inquire, he was threatened. Learned counsel submits that the petitioner is not named in the F.I.R. The girl has come back and got her statement recorded under Section 164 of the Cr.P.C. in which

Patna High Court CR. MISC. No.72032 of 2021(2) dt.12-05-2022 2/2 she has stated that she eloped with petitioner, married him and is also three months pregnant, thus, does not supported the prosecution case. Learned counsel submits that since the informant wanted to marry the victim to a boy who was not of her choice, as such the victim who was in love with the petitioner, eloped with him and got married.

The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 05.08.2021, is a person with clean antecedent and chargesheet has been submitted in the case and the victim has not supported the prosecution case, let the petitioner above named is directed to be released on bail on furnishing bail bond 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 pending/successor court in connection with Piprakothi P.S. Case No. 76 of 2020.

(Satyavrat Verma, J) ved/- U T