Navin Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67234 of 2024 Arising Out of PS. Case No.-155 Year-2024 Thana- PARANDABAR District- Nawada ====================================================== Navin Kumar, s/o Upendra Prasad, r/o village-Ekamba, PS- Parnadabar, District-Nawada.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sunil Kumar, Advocate For the Opposite Party/s :
Mr.Sanjay Kumar Singh, APP For the Informant :
Mr.Birendra Kumar, Advocate :
Mr.Kumud Kishore, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-03-2025 1.
Heard learned Counsel for the petitioner and learned APP for the State.
2.
This application, for grant of anticipatory bail, arises out of Parnadabar PS case no. 155 of 2024, disclosing offences punishable under Sections 363, 366, 379/34 of the Indian Penal Code.
3.
The prosecution story, as per the First Information Report lodged by the informant Jyoti Kumar aged about 22 years, is that on 21.07.2023, petitioner enticed her and took her to Gaya and performed marriage in a rented room. It has been alleged that after marriage, the petitioner sent the informant to Haryana along with his two friends namely Piyush Kumar and Rajeev Kumar. After 15 days, petitioner arrived there and
2/4 started living with the informant. Subsequently, the petitioner started threatening her and forced her to work in a company and he used to collect all her salary and also snatched gold ornaments, which she was wearing, and sold it. It has further been alleged that informant was subjected to all sorts of cruelty and when she was fallen ill, no medical treatment was provided to her. It has also been alleged that petitioner took her to Patna, where they lived for a month and during that time, the petitioner left for Gaya and started talking to some other girl and upon objection being made by the informant, petitioner physically assaulted her and abandoned her at Gaya.
4.
Learned Counsel for the petitioner submits that petitioner has falsely been implicated in this case with pre-meditated mind, inasmuch the occurrence has taken place on 21.07.2023 but F.I.R. has been lodged on 05.07.2024 after about one year. No effort was made by the informant within one year to lodge complaint with the police even with the electronic device. Learned counsel further submits that the family members of the informant also did not take steps for lodging the F.I.R. about missing of the informant from her parental home. He next submits that the informant's marriage was solemnized in the year 2022 and she started living in her parental home and
3/4 after one year of her marriage, she allegedly left with the petitioner. He also submits that the allegation against the petitioner is false and fabricated in order to pressurize him to marry with the informant.
5.
On the other hand, learned counsel for the informant vehemently opposed the prayer for bail and submits that there is specific allegation against the petitioner that he enticed the informant and took her to some other place, forced her to work in a company and lived as husband and wife. He further submits that the informant has supported the prosecution case in her statement made under Section 164 Cr.P.C. 6.
Having heard learned counsel for the parties and taking into consideration the nature of allegation and the fact that petitioner is a married lady and after one year from the date of occurrence, F.I.R. has been lodged complaining misbehaviour and cruelty against the petitioner, I am inclined to grant the privilege of anticipatory bail to the petitioner. 7.
This application is, accordingly, allowed.
8.
Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the
4/4 satisfaction of learned Judicial Magistrate-1st class, Nawada in connection with Parnadabar PS case no. 155 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) rinkee/- U T