Rajan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69224 of 2022 Arising Out of PS. Case No.-293 Year-2022 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Rajan Kumar S/O Rampukar Sahani R/O Village- Lakhaura Bichala Tola, P.SLakhaura, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-04-2023 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Barachatti P.S. Case No. 863 of 2022 registered for the offences punishable under Sections 414, 467, 468/34 of the Indian Penal Code .
The prosecution case is based on a written report filed by the informant alleging that her daughter was kidnapped by the accused persons including the petitioner. It is submitted by the learned counsel for the petitioner that his is innocent and has falsely been implicated in this case. The victim in her statement recorded under section 164 of the Cr.P.C denied the prosecution and has stated that she
Patna High Court CR. MISC. No.69224 of 2022(2) dt.04-04-2023 2/2 had willfully fled away with the petitioner and solemnized marriage in a temple. No offence under section 363 of the IPC is made out. Petitioner has got clean antecedent. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioner, in the event of his arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount to the satisfaction of the learned 6th Additional Session Judge cum Special Judge, POCSO , East Champaran at Motihari in Muffasil P.S. Case No. 293 of 2022, subject to condition as laid down under Section 438(2) of the Cr.P.C.
(Prabhat Kumar Singh, J) N.K/- U T