Patna High CourtCR. MISC./64572/2023bail granted

Jyotish Kumar v. The State Of Bihar

2023-10-17Mr. Justice Purnendu Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64572 of 2023 Arising Out of PS. Case No.-590 Year-2022 Thana- JAGDISHPUR District- Bhagalpur ====================================================== Jyotish Kumar Son Of Pankaj Mandal Resident Of Village - Sonudih, ,P.S. - Goradih, District - Bhagalpur.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ashok Kumar No.6, Advocate For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 17-10-2023 Heard Mr. Raghunandan Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. Md. Nazir Ansari, learned APP for the State.

2. The petitioner seek pre-arrest bail in connection with Jagdishpur (Goradih) P.S. Case No.590 of 2022 dated 01.12.2022 registered for the offence punishable under Sections 366(A) and 34 of the Indian Penal Code.

3. Prosecution story, in brief, is that the daughter of the informant was allegedly kidnapped by the petitioner and other coaccused.

4. Learned counsel appearing on behalf of the petitioner submitted that the victim in her statement made under Section 164 Code of Criminal Procedure, has specifically stated that she voluntarily eloped with the petitioner and solemnized marriage with him as per her choice and they are living with each other on their own free will. Learned counsel also submits that antecedent

Patna High Court CR. MISC. No.64572 of 2023(2) dt.17-10-2023 2/2 of the petitioner is clean.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation made in the FIR, as well as, the statement of the victim girl made under Section 164 of Code of Criminal Procedure, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail subject to the verification of the statement of the victim made under Section 164 of the Code of Criminal Procedure, that the victim has married to the petitioner according to her free will.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Jagdishpur (Goradih) P.S. Case No.590 of 2022 dated 01.12.2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J.) Ashishsingh/- U T