Gulshan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82688 of 2024 Arising Out of PS. Case No.-182 Year-2024 Thana- TEGHRHA District- Begusarai ====================================================== 1.
Gulshan Kumar Son of RajKumar Singh @ Mukesh Singh @ Raj Kumar Resident of Village- Nayagaon, P.S.- Matihani, Distt.- Begusarai 2.
Murari Kumar Son of Rajkumar Singh @ Mukesh Singh @ Raj Kumar Resident of Village- Nayagaon, P.S.- Matihani, Distt.- Begusarai 3.
Rajkumar Singh @ Mukesh Singh @ Raj Kumar Son of Chandradev Singh Resident of Village- Nayagaon, P.S.- Matihani, Distt.- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjit Kumar Thakur For the Opposite Party/s :
Mr. Akshay Lal Pandit (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-12-2024
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 Teghra Police Station Case No. 182 of 2024, disclosing offences under Sections 365, 506, 34 of the Indian Penal Code.
3. As per the FIR, on 17.06.2024, in the night, when the informant's son was walking after taking meal, the petitioners kidnapped the son of the informant for the purpose of marriage.
4. Learned Counsel for the petitioners submits that the
Patna High Court CR. MISC. No.82688 of 2024(2) dt.16-12-2024 2/3 petitioners have falsely been implicated in the present case due to love affair between the informant's son and the sister of petitioner no. 1. A counter case was lodged bearing Nayagaon P.S. Case No. 45 of 2024 by father of the petitioner no. 1 alleging therein that sister of petitioner no. 1 went to the nearby shop for purchasing household articles where all the FIR named accused persons including the victim kidnapped her. The bail application of victim was filed before this Court in Cr. Misc. No. 80480 of 2024 and this Court granted bail to the victim taking into consideration the statement of the victim girl, recorded under Section 161 and 164 Cr.P.C. in which she has stated that she left her house on her own volition and has solemnized marriage with the victim (informant's son).
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that there is case and counter case between the parties and the victim has been granted anticipatory bail in the FIR lodged by the side of the petitioners, I am inclined to grant the petitioners 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
Patna High Court CR. MISC. No.82688 of 2024(2) dt.16-12-2024 3/3 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, Begusarai, in connection with Teghra Police Station Case No. 182 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) HarshPandey/- U T