Chandan Mehta @ Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80597 of 2024 Arising Out of PS. Case No.-449 Year-2022 Thana- RAGHOPUR District- Supaul ====================================================== Binod Mehta @ Vinod Mehata Son of Late Jiwach Mehta R/O Kailmoongra, Ward no. 4, P.S.- Kishanpur, Dist.- Supaul.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 81888 of 2024 Arising Out of PS. Case No.-449 Year-2022 Thana- RAGHOPUR District- Supaul ====================================================== Chandan Mehta @ Chandan Kumar S/O Binod Mehta @ Vinod Mehata R/O Village- Kailmoongra Ward No. 09, P.S- Kishanpur, Distt.- Supaul. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 80597 of 2024) For the Petitioner/s :
Mr. Sanjay Kumar Tiwari For the Opposite Party/s :
Mr. Ramchandra Sahni (In CRIMINAL MISCELLANEOUS No. 81888 of 2024) For the Petitioner/s :
Mr. Sanjay Kumar Tiwari For the Opposite Party/s :
Mr. Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-12-2024
1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Raghopur Police Station Case No. 449 of 2024, dated 04.12.2022, disclosing offences under Sections 363/366A/34 of the Indian Penal Code.
Patna High Court CR. MISC. No.80597 of 2024(2) dt.10-12-2024 2/3
3. The prosecution case, as per the First Information Report, is that on 02.12.2022, when the informant's did not return after school, the informant and other started searching for her. After some time the informant got the information that the petitioners, along with other co-accused persons, have kidnapped her minor daughter for the purpose of marriage.
4. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case due to oblique motive on the basis of concocted story. He next submits that there was love relationship between the petitioner, namely, Binod Mehta @ Vinod Mehata, of Cr. Misc. No. 80597 of 2024 and the victim girl. The age of victim girl as per school certificate is 18 years, as mentioned in the impugned order. He further submits that the victim girl was examined by learned Magistrate and her statement was recorded under Section 164 of the Code of Criminal Procedure, she has stated that she willfully went to Ludhiana with the petitioner and solemnized marriage.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the statement of
Patna High Court CR. MISC. No.80597 of 2024(2) dt.10-12-2024 3/3 victim girl recorded under Section 164 of the Code of Criminal Procedure, I am inclined to grant the petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate I, Birpur, in connection with Raghopur Police Station Case No. 449 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) ashwani/- U T