Anuj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73225 of 2024 Arising Out of PS. Case No.-50 Year-2024 Thana- BYPASS District- Patna ====================================================== Anuj Kumar (M), aged about 22 years, S/o Sanjeet Singh, R/o vill - Marchi, P.S. - Bypass, Distt. - Patna, Bihar ... ... Petitioner

Versus

1.

The State of Bihar.

2.

Sanjeet Kumar, (M), S/o Sri Dineshwar Singh, R/o Village- Marchi, P.S.- Byepass, Distt.-Patna ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Saket Anand, Advocate For the State :

Mrs. Nirmala Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 17-03-2025 This matter has been listed under the heading 'For Orders (on office notes)'.

2. In compliance of the order dated 18.02.2025, a supplementary affidavit has been filed on behalf of the petitioner showing jointness of the opposite party no. 2 with his son.

3. Heard learned counsel for the petitioner and learned A.P.P. for the State.

4. The petitioner seeks bail in connection with Bypass P.S. Case No. 50 of 2024 dated 05.02.2024 registered for the offences punishable under Sections 363, 366A read with Section 34 of the I.P.C.

Patna High Court CR. MISC. No.73225 of 2024(5) dt.17-03-2025 2/3

5. 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 by enticing her.

6. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the alleged occurrence took place on 12.01.2024 as to when the F.I.R. has been lodged on 05.02.2024 and the delay in lodging of the F.I.R. has not been explained by the prosecution. There was love affair between the parties. It is submitted that the victim has been recovered and her statement under Section 164 of the Cr.P.C. has been recorded. There is nothing on record to show that the victim was forced to have illicit relationship with any other person. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 22.02.2024.

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

8. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of

Patna High Court CR. MISC. No.73225 of 2024(5) dt.17-03-2025 3/3 the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Patna City/concerned Court in connection with Bypass P.S. Case No. 50 of 2024.

9. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T