Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65133 of 2019 Arising Out of PS. Case No.-73 Year-2019 Thana- PIRI BAZAR District- Lakhisarai ====================================================== Suraj Kumar (M) aged about 19 years, Son of Bhagwan Paswan, Resident of Village-Kashichak, P.S.-Piri Bazar, District-Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Adv.

For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-10-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner apprehends his arrest in connection with Piri Bazar P.S. Case No. 73 of 2019 registered under sections 363, 366(A) and 34 of the I.P.C.

The allegation against the petitioner is that the petitioner abducted the daughter of the informant for the purpose of marriage.

Learned counsel appearing for the petitioner submits that the petitioner has committed no offence in the manner alleged and there was love affair between the petitioner and victim girl inasmuch as both were studying together in the coaching institute. Learned counsel further submits that the victim girl has been recovered and her statement under Section 164 Cr.P.C was recorded in which she has stated that she went to Delhi along with

Patna High Court CR. MISC. No.65133 of 2019(2) dt.24-10-2019 2/2 the petitioner on her free will for the purpose of performing marriage with him. Learned counsel further submits that the victim girl has stated that no physical relation was made between petitioner and victim girl.

After having heard learned counsel for the parties and taking into consideration the fact that the victim girl has been recovered and her statement under Section 164 Cr.P.C has been recorded in which she has not stated anything that any force was used by the petitioner upon the victim girl, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, in the event of arrest or surrender before the learned Court below within a period of four weeks from today shall be released on anticipatory bail by the Court below upon furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Lakhisara in connection with Piri Bazar P.S. Case No. 73 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Anil Kumar Sinha, J) Anjula/- U