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Patna High CourtCR. MISC./80971/2024bail granted

Rahul Kumar Tiwari @ Rahul Tiwari v. The State Of Bihar

2025-01-23Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80971 of 2024 Arising Out of PS. Case No.-760 Year-2022 Thana- ARA NAWADA District- Bhojpur ====================================================== Rahul Kumar Tiwari @ Rahul Tiwari Son of Kanhaiya Tiwari RESIDENT OF VILLAGE-CHANDWA, POLICE STATION-ARA NAWADA, DISTRICTBHOJPUR. ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Jay Ram Prasad, Advocate For the State :

Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-01-2025 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 366A of the Indian Penal Code.

3. As per prosecution case, this petitioner is alleged to have kidnapped minor daughter of informant for the purpose of marriage.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this case. During investigation, the victim has been recovered and in her statement recorded under Section 164 of the Cr.P.C. has denied the prosecution case and has categorically stated that no one has kidnapped her and she was

Patna High Court CR. MISC. No.80971 of 2024(3) dt.23-01-2025 2/2 in love with this petitioner and both of them have solemnized marriage and are now living together as husband and wife. The victim has stated her age as 20 years old. Petitioner claims clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the aforesaid facts and circumstances, statement of the victim recorded under Section 164 of the Cr.P.C. and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged 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 C.J.M., Bhojpur, Ara, in connection with Ara Nawada P.S. Case No. 760 of 2022, subject to condition as laid down under Section 482 of the B.N.S.S.. (Prabhat Kumar Singh, J) shashank/- U T