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Patna High CourtCR. MISC./921/2023bail granted

Chhotu Kumar @ Chotu Kumar @ Raju Kumar @ Raja Kumar v. The State Of Bihar

2023-05-02Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.921 of 2023 Arising Out of PS. Case No.-403 Year-2022 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== CHHOTU KUMAR @ CHOTU KUMAR @ RAJU KUMAR @ RAJA KUMAR S/O MAHESH MAHTO R/V- MORDEEWA, P.S.- MUFFASIL, DISTRICT- SAMASTIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Pratap For the Opposite Party/s :

Mr. Bharat Bhushan App,156 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-05-2023 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 366, 323, 379 & 504/34 of the Indian Penal Code.

The petitioner in association of other accused is said to have abducted the informant's daughter and when she went to the house of co-accused, Mahesh Mahto to make enquiry all the accused abused her and snatched her Mangalsutra.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. As a matter of fact,

Patna High Court CR. MISC. No.921 of 2023(2) dt.02-05-2023 2/2 the marriage of the victim was solemnized three months back by her parents without taking her consent and she eloped with the petitioner out of her sweet will. It is further submitted that the victim in her statement made under Section 164 Cr.P.C. has completely denied the allegation of abduction by the petitioner. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Having regard to the facts and circumstances of the case as also the statement of the victim recorded under Section 164 Cr.P.C. coupled with the fact that the victim is major, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Samastipur Muffasil P.S. Case No. 403 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T