Gulshan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76619 of 2024 Arising Out of PS. Case No.-425 Year-2023 Thana- DUMRAO District- Buxar ====================================================== Gulshan kumar S/O Sunil Singh @ Sunil Singh Chandrabansi R/O VillageKharika, P.S- Natwar, Dist.- Rohtas. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Pandey For the Opposite Party/s :
Mr. Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-11-2024
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Dumraon Police Station Case No. 425 of 2023, disclosing offences under Sections 366, 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner has kidnapped the wife of informant's brother on 30.10.2023 for the purpose of marriage.
4. Learned Counsel for the petitioner submits that victim is a married women whose marriage was solemnized with brother of the informant namely Kanhaiya Singh. The statement of the victim girl was recorded under Section 164 Cr.P.C. in which she has stated that she was having love relationship with the petitioner and after the marriage, she was being misbehaved in her matrimonial home due to which she was depressed. Subsequently, the victim girl and petitioner
Patna High Court CR. MISC. No.76619 of 2024(2) dt.14-11-2024 2/2 started talking on phone and she voluntarily went along with the petitioner to Varanasi and from there, they went to Delhi and started living over there where she stayed with the petitioner for about three months. The victim has further stated that in a temple, the vermilion was put by the petitioner on her head.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the statement of the victim recorded under Section 164 Cr.P.C., I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar, in connection with Dumraon Police Station Case No. 425 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) HarshPandey/- U T