Booti Patel @ Rajdev Patel @ Bhuthi Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84244 of 2024 Arising Out of PS. Case No.-36 Year-2024 Thana- ADAPUR District- East Champaran ====================================================== Booti Patel @ Rajdev Patel @ Bhuthi Patel S/O Satan Patel R/O VillageSirisiya, P.S- Adapur, Distt.- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Tiwari For the Opposite Party/s :
Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-01-2025
1. Heard the parties.
2. The petitioner apprehends his arrest in connection with Adapur P.S. Case No. 36 of 2024 , G.R. No. 95 of 2024 dated 02.12.2024 registered under Sections 363, 366 of the I.P.C.
3. As per the first information report on 28.01.2024 in the night the informant's daughter went to attend the nature call but she did not return. It has been alleged that she has been kidnapped by the F.I.R. named accused persons.
4. Learned counsel for the petitioner submits that the petitioner is not named in F.I.R. and he has been made accused on the basis of the statement of the victim girl recorded under Section 164 Cr.P.C. The petitioner is the co-villager of the F.I.R. named accused persons therefore he has been implicated in the present case. There was love relationship between the
Patna High Court CR. MISC. No.84244 of 2024(2) dt.07-01-2025 2/3 co-accused Rajnandan and the victim girl and only general and omnibus allegation has been made against the petitioner in the statement of the victim girl recorded under Section 164 Cr.P.C. The victim girl has solemnized marriage with the co-accused Rajnandan on her own free will.
5. On the other hand, learned counsel for the State argued that as per the statement of the victim girl her marriage was solemnized with Rajnandan on the point of knife and she was pressurized to make statement on the Facebook regarding the marriage.
6. Regard being had to the submission made by the parties, taking into consideration the fact that petitioner is not the family member of the F.I.R. named accused persons, marriage of the victim girl was solemnized with the co-accused Rajnandan and the allegation against the petitioner is general and omnibus in nature, I am inclined to grant anticipatory bail to the petitioner.
7. Let the petitioner, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Motihari, East Champaran in
Patna High Court CR. MISC. No.84244 of 2024(2) dt.07-01-2025 3/3 connection with Adapur P.S. Case No. 36 of 2024, G.R. No. 95 of 2024 subject to the condition as laid down under Section 438
(2) of the Cr.P.C.
(Anil Kumar Sinha, J) praful/- U T