Patna High CourtCR. MISC./74297/2023bail granted

Chandan Kumar v. The State Of Bihar

2023-12-05Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74297 of 2023 Arising Out of PS. Case No.-335 Year-2023 Thana- RAJAOLI District- Nawada ====================================================== CHANDAN KUMAR SON OF BACHCHU PRASAD RESIDENT OF VILLAGE - GARIBA, P.S. - RAJAULI, DISTRICT - NAWADA ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Kumar, Advocate For the Opposite Party/s :

Mr.Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-12-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Rajauli P.S. Case No. 335 of 2023 dated 13.06.2023 registered for the offences punishable u/s 366 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have abducted the informant's daughter for the purpose of marriage.

4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. It is further submitted that the victim was not raised any alarm while she was taken by the petitioner. The victim in her statement

Patna High Court CR. MISC. No.74297 of 2023(2) dt.05-12-2023 2/2 recorded under Section 164 of Cr.P.C. has stated that she went with the petitioner of her own will and hence, no case is made out against the petitioner. Learned counsel has further submitted that the victim is a major girl. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

6. 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 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, Nawada in connection with Rajauli P.S. Case No. 335 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

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