Patna High CourtCR. MISC./1045/2024bail granted

Aman Kumar @ Golu @ Aman Raj v. The State Of Bihar

2024-01-24Mr. Justice Purnendu Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1045 of 2024 Arising Out of PS. Case No.-128 Year-2023 Thana- MEHSI District- East Champaran ====================================================== AMAN KUMAR @ GOLU @ AMAN RAJ, Male, aged about 20 years, S/O MANGAL SAH R/O VILLAGE- KASBA MEHSI, P.S- MEHSI, DISTT.- EAST CHAMPARAN.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhurendra Kumar, Advocate For the Opposite Party/s :

Mr.Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 24-01-2024 Heard Mr. Dhurendra Kumar learned counsel appearing on behalf of the petitioner and Mr. Ram Naresh Ray, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Mehsi P.S. Case No. 128 of 2023 dated 04.05.2023 registered for the offence(s) punishable under Sections 363/366(A)/34 of the Indian Penal Code.

3. As per the allegation made in the FIR, the petitioner had kidnapped the minor daughter of the informant.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner and victim were in love affair and the victim herself went to the house of the petitioner and from there they went to Delhi. The victim in her statement

Patna High Court CR. MISC. No.1045 of 2024(2) dt.24-01-2024 2/3 recorded under Section 164 of Cr.P.C. has not complained anything against the petitioner. Learned counsel further submits that it has been recorded in the impugned order that the victim is more than 19 years old. Petitioner has clean antecedent.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the nature of allegation made against the petitioner and the statement of the victim recorded under Section 164 Cr.P.C, in which she has stated that petitioner has not committed any wrong with her and she had gone as per her own desire without coercion, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his 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 learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Mehsi P.S. Case No. 128 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C., subject to verification of the statement

Patna High Court CR. MISC. No.1045 of 2024(2) dt.24-01-2024 3/3 of the victim recorded under Section 164 Cr.P.C.

8. The court below is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force.

(Purnendu Singh, J) Sanjay/- U T