Patna High CourtCR. MISC./73438/2023bail granted

Aman Kumar Singh v. The State Of Bihar

2023-11-29Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73438 of 2023 Arising Out of PS. Case No.-150 Year-2023 Thana- HUSSAINGANJ District- Siwan ====================================================== Aman Kumar Singh S/O Munna Singh Village- Harna Tand, Ps. Darauli, Dist. Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr.Pradeep Narain Kumar, A.P.P For the Informant/s :

Mr. Vyas Kumar Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-11-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State as well as the learned counsel for the informant.

3. The petitioner is apprehending his arrest in connection with Hussainganj P.S. Case No.150 of 2023 dated 18.06.2023 registered for the offence punishable under Sections 363 and 366A read with 34 of the Indian Penal Code

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have kidnapped the minor daughter of the informant for the purpose of marriage.

Patna High Court CR. MISC. No.73438 of 2023(2) dt.29-11-2023 2/3

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. There was love affair between both the parties though the victim in her statement recorded u/s 164 of the Cr.P.C has supported the allegation levelled against the petitioner. It is further submitted that there is nothing on record which shows that the victim was forced to have illicit intercourse with another person. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

6. Learned A.P.P. for the State as well as the learned counsel for the informant have vehemently opposed the prayer for anticipatory bail of the petitioner by submitting that the victim is a minor girl.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Siwan in connection with Hussainganj P.S. Case No. 150 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.73438 of 2023(2) dt.29-11-2023 3/3

8. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T