Sahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86674 of 2023 Arising Out of PS. Case No.-394 Year-2023 Thana- OBRA District- Aurangabad ====================================================== Sahul Kumar S/O - Chotan Chandravanshi R/O Vill.- Sadipur Takeya, P.S.- Obra,Dist. - Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar For the Opposite Party/s :

Mr.Kanhiya Kishor ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-01-2024

1. Heard the parties.

2. The petitioner apprehends his arrest in connection with Obra P.S. Case No. 394 of 2023 dated 19-09-2023 registered under Section 363 / 366(A) / 34 of the I.P.C.

3. As per the First Information Report on 17-09-2023 at about 11:00 P.M. in the night when the minor daughter of the informant was sleeping on the roof, the co-villager of the informant i.e. petitioner along with other accused persons kidnapped the the minor daughter of the informant with an intention to solemnize marriage.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case on the basis of concocted story inasmuch as the victim girl was having love affair with somebody and left her house with her boyfriend but

Patna High Court CR. MISC. No.86674 of 2023(2) dt.24-01-2024 2/3 due to village politics the petitioner has been implicated in this case with other co-accused persons. He further submits that from perusal of the First Information Report it is evident that alleged kidnapping had taken place on 17-09-2023 and the very next day the girl was found coming on a bridge on her own and one day thereafter on 19-09-2023 the present F.I.R. has been lodged by her father. He also submits that the girl has not been recovered by the Police and her statement has been recorded at the behest of the family members of the girl and the same is tutored.

5. Regard being had to the submission made by the parties, taking into consideration the fact that the victim girl was recovered the very next day she was allegedly kidnapped and she was not recovered by the Police and F.I.R. has been lodged after recovery of the girl by the informant, as such, I am inclined to grant anticipatory bail to the petitioner.

6. 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. 10000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Daudnagar, Aurangabad (Bihar)

Patna High Court CR. MISC. No.86674 of 2023(2) dt.24-01-2024 3/3 in connection with Obra P.S. Case No. 394 of 2023 subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anil Kumar Sinha, J) praful/- U T