Sunil Kumar @ Sunil Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71855 of 2024 Arising Out of PS. Case No.-465 Year-2024 Thana- ARA NAWADA District- Bhojpur ====================================================== Sunil Kumar @ Sunil Prasad Son of Vimal Prasad Resident of Village - Kakandihra, P.S- Pawna, District- Bhojpur (Ara) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Bachan Singh, Advocate.
For the State :
Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 23-10-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Ara-Nawada P.S. Case No. 465 of 2024 dated 29.06.2024 registered for the offences punishable under Sections 363 and 366 of the Indian Penal Code.
3. As per allegation, the daughter of the informant was enticed away by the petitioner and co-accused who is mother of the petitioner.
4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. In fact, there was love affair between the petitioner and the alleged victim who was 19 years of age and they have entered into marriage and she is living in her matrimonial home. He
Patna High Court CR. MISC. No.71855 of 2024(2) dt.23-10-2024 2/3 refers to the statement of the alleged victim recorded under Section 164 Cr.PC wherein she has clearly stated that she has entered into marriage with the petitioner and she wanted to live with him and presently as per learned counsel for the petitioner, she is living with him also.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the bail petition that the petitioner has got no criminal antecedent.
7. However, Ld. APP for the State fairly concedes that as per the facts and circumstances of the case no case is made out because this is a case of marriage and she is living with the petitioner.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur, Ara, in connection
Patna High Court CR. MISC. No.71855 of 2024(2) dt.23-10-2024 3/3 with Ara-Nawada P.S. Case No. 465 of 2024, subject to the conditions as laid down under Section 438 (2) Cr.PC and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same. (ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J) S.Ali/- U T