Santosh Gond v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59762 of 2019 Arising Out of PS. Case No.-91 Year-2017 Thana- GOPALPUR District- West Champaran ====================================================== SANTOSH GOND Son of Madan Gond Resident of Village - Tengrahiya, P.S.- Gopalpur, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Gupta For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-09-2019 The petitioner apprehends his arrest in connection with Gopalpur P. S. Case No. 91 of 2017 registered under Sections 363 and 366A/34 of the Indian Penal Code.

Allegation against the petitioner is that petitioner along with other accused persons abducted the daughter of the informant.

Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in this case inasmuch as the daughter of the informant had love affair with one co-accused Sunil Das and relying upon the statement of the victim girl recorded under Section 164 Cr.P.C, which is Annexure-3 to this application, learned counsel submits that the victim girl stated that she had love affair with Sunil Das and has established relationship with him on her free will. He further

Patna High Court CR. MISC. No.59762 of 2019(2) dt.24-09-2019 2/2 relying upon Annexure-2, submits that Sunil Das as well as Rubi Khatoon i.e., victim girl, solemnised their marriage in front of Marriage Officer, Bettiah.

Having regard to the submissions made by the parties and taking into consideration the fact that victim girl has not stated anything against the petitioner in her statement recorded under Section 164 Cr.P.C., as such I am inclined to grant anticipatory bail to the petitioners.

Let the petitioner, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge- 1st -cum-Special Judge, West Champaran, Bettiah in connection with Gopalpur P.S.Case No. 91 of 2017; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U T