← Library
Patna High CourtCR. MISC./71008/2022allowed

Monu Bantar @ Nunu Bantar @ Monu Kumar v. The State Of Bihar

2023-01-31Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71008 of 2022 Arising Out of PS. Case No.-73 Year-2021 Thana- MADHEPUR District- Madhubani ====================================================== MONU BANTAR @ NUNU BANTAR @ MONU KUMAR S/o Ram Batar R/v- Sikariya, P.S.- Madhepur, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Gagan Deo Yadav Mr.Ravi Prakash Mr. Rajesh Kumar For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 365 and 34 of the Indian Penal Code pending in the learned court below. As per the prosecution case, petitioner and co-accused kidnapped Kajal Kumari with his motor-cycle and on search she was traceless.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the statement of victim was recorded u/S 164 Cr. P.C. in which she has not supported the prosecution case. He submits that though the victim is a minor

Patna High Court CR. MISC. No.71008 of 2022(2) dt.31-01-2023 2/2 which is clear from the medical report that the age of the victim is 17 years but the vcitim has married with the petitioner. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances and the fact that victim has married with the petitioner, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Madhepur P.S. Case No.73/2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) ajay/- U T