Dharmendra Sah @ Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.236 of 2024 Arising Out of PS. Case No.-30 Year-2023 Thana- CHAORI District- Bhojpur ====================================================== Dharmendra Sah @ Dharmendra Kumar Son Of Radha Sah R/O VillageAdnhari, P.S.- Chauri, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shantam Shivam, Advocate For the Opposite Party/s :

Mr.Rana Randhir Singh, APP For the Informant/s :

Mrs. Priyanka Kumari, Advocate Mr. Raju Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State as well as the learned counsel for the informant.

2. The petitioner is apprehending his arrest in connection with Chauri P.S. Case No. 30/2023 dated 02.04.2023 registered for the offence punishable u/s 366A of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have kidnapped the minor daughter of the informant for the purpose of marriage.

4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The

Patna High Court CR. MISC. No.236 of 2024(2) dt.01-02-2024 2/2 petitioner has no criminal antecedent as stated in para 3 of the bail petition. As per the Annexure-3, the petitioner solemnized marriage with the victim. It is further submitted that there is nothing on record which shows that the victim was forced to have illicit intercourse with another person. The victim is not traceless.

5. Learned A.P.P. for the State as well as the learned counsel for the informant have vehemently opposed the prayer for anticipatory bail of the petitioner by submitting that the victim is still traceless.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Bhojpur at Ara in connection with Chauri P.S. Case No. 30/2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

atul/- (Chandra Prakash Singh, J) U T