Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72024 of 2022 Arising Out of PS. Case No.-131 Year-2022 Thana- CHAUSA District- Madhepura ====================================================== GAUTAM KUMAR S/o Sri Vishal Sharma @ Vilash Sharma R/vLaualagaan, Ward No. - 10, P.S.- Chausa, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Abhay Kumar Roy, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-12-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 366A and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that on 17.06.2022 at about 09:00 PM his minor niece did not return from her college and thereafter a search was made when informant came to know that the petitioner had kidnapped his niece. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case, it is next submitted that the victim and the petitioner were in love, it is also submitted that victim has come back and her statement was recorded under Section 164 Cr.P.C. wherein she has disclosed her age as 17 years. It is also submitted that from perusal of the statement, it would

Patna High Court CR. MISC. No.72024 of 2022(2) dt.21-12-2022 2/2 manifest that the same was made under parental pressure but then very subtly she has not supported the case of the prosecution as she has stated that petitioner took her along with him on 17.06.2022 forcefully and thereafter dropped her back to her home on 20.06.2022 and did not misbehave with her which amply demonstrates that the victim who had reached the age of discretion had left on her volition but on return, she was made to get her statement recorded in the manner it has been stated, but then she also stated that petitioner did not misbehave with her. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Chausa P.S. Case No. 131 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T