Sunil Kumar @ Afat Gope v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74875 of 2022 Arising Out of PS. Case No.-181 Year-2022 Thana- NADI P.S. District- Patna ====================================================== SUNIL KUMAR @ AFAT GOPE Son of Rambriksh Singh R/V- Nizampur, P.S- Punadih, Dist- Patna ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, in the present case, is seeking prearrest bail in connection with Nadi P.S. Case No. 181 of 2022 registered for the offences punishable under Sections 366(A) of the Indian Penal Code. He has no criminal antecedent as stated in paragraph '3' of the application.

As per the prosecution story, the informant has alleged that his daughter had gone to attend the coaching class and thereafter she did not return home. The informant further alleged that he has impression that one Tuntun Kumar, son of Sri Baiju Prasad Yadav, who was working in the motor repairing shop had induced her and taken away elsewhere. Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case. Learned

Patna High Court CR. MISC. No.74875 of 2022(2) dt.29-04-2023 2/3 counsel submits that it is a matter of love affair between the daughter of the informant and one Tuntun Kumar. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

Having regard to the facts and circumstances of the case, considering that the daughter of the informant is said to have married with the petitioner and got the same registered before the Marriage Officer, Patna on 22nd July, 2022 in presence of three independent witnesses. Her date of birth is said to be 01.01.2003 as per her PAN Card and Aadhar Card (Annexure '4') and she has filed an Informatory Petition No. 2043/2022 in the learned court below in this regard, this Court directs that in the event of his arrest or surrender within a period of four weeks from today, let the petitioner above-named be enlarged on bail on furnishing of bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate - 1st Class, Patna City, in connection with Nadi P.S. Case No. 181 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage

Patna High Court CR. MISC. No.74875 of 2022(2) dt.29-04-2023 3/3 it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. (Rajeev Ranjan Prasad, J.) Rajeev/- U T