Dipak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76697 of 2019 Arising Out of PS. Case No.-384 Year-2019 Thana- LAKHISARAI District- Lakhisarai ====================================================== DIPAK KUMAR, Son of Bajrangi Pandit, Resident of Mohalla- Naya Bazar, Mahatma Gandhi Road, Ward No. 31, Besides of S.C./S.T. Police Station, P.S.- Kawaiya O.P., District- Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Irshad For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 323, 366A/34 of the Indian Penal Code and Section 8 of POCSO Act. Prosecution case in brief is that one informant namely Ajay Prasad Sah has given written report on 15.05.2019 and stating therein that the informant went to house of his neighbour namely 1. Chandan Kumar 2. Dipak Kumar (petitioner) 3. Bajrangi Pandit 4. Paro Devi and said that why Chandan Kumar is coming in my house, then parent of Chandan Kumar said that your daughter will be kidnapped if you will not get marriage with my son namely Chandan Kumar and further said that on

Patna High Court CR. MISC. No.76697 of 2019(3) dt.16-03-2020 2/3 14.05.2019 at about 14.00 pm namely Chandan Kumar, Bablu Kumar and Dipak Kumar (petitioner) have come at the house of informant by forcefully kidnapped the daughter of the informant and then informant asked to the parent of the petitioner then bitten him.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to dirty local politics. The victim has stated under Section 164 Cr.P.C. statement that she left the house of the informant with own free will and went to house of friend at Jhajha because her parent were assaulted and want to marry with one handicapped. It further submits that the co-accused Bablu Kumar has been granted bail by the court below. The petitioner has got no criminal antecedent. In the aforesaid facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs. 20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-1st cum Special Judge, Lakhisarai in connection with

Patna High Court CR. MISC. No.76697 of 2019(3) dt.16-03-2020 3/3 Lakhisarai (Kabaiya) P.S. Case No. 384 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) amitkumar/- U T