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Patna High CourtCR. MISC./89838/2024bail granted

Amresh Goswami @ Amlesh Kumar v. The State Of Bihar

2025-01-08Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89838 of 2024 Arising Out of PS. Case No.-650 Year-2024 Thana- KADAMKUAN District- Patna ====================================================== Amresh Goswami @ Amlesh Kumar Son of Suresh Goswami Resident of village- Chhoti Rani Sakarpur, Police Station- Gangour, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Diwakar Yadav, Advocate For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 08-01-2025

1. Heard Mr. Diwakar Yadav, learned counsel for the petitioner and Mr. Jai Narain Thakur, learned APP for the State.

2. The petitioner apprehends his arrest in connection with Kadamkuan P.S. Case No. 650 of 2024 dated 26.08.2024 registered for the offence punishable under Section 87 of B.N.S.

3. The main submissions advanced by the learned counsel for the petitioner are that in the FIR lodged by the brother of the so-called victim only a suspicion was raised by the informant against this petitioner and co-accused Kundan Kumar and others, in fact, there was love affair in between the co-accused Kundan Kumar and informant's daughter who was admittedly a major girl at the time of lodging the FIR and later on both solemnized marriage and in this regard the informant's

Patna High Court CR. MISC. No.89838 of 2024(2) dt.08-01-2025 2/3 daughter, so-called victim, has recorded her statement under Section 183 of B.N.S.S. accepting her marital relationship with co-accused Kundan Kumar and in this regard a specific statement has been made in this petition in paragraph no.12. It is further submitted that if the allegations made in the FIR are taken into consideration even then there is no serious allegation against this petitioner and he is simply alleged to have assisted the main accused Kundan Kumar and in support of the factum of marriage in between the informant's sister and co-accused Kundan Kumar, Annexure-P/2, marriage affidavit is also relevant. It is further submitted that the petitioner has fair and clean antecedent.

4. Learned APP appearing for the State has opposed the bail prayer of the petitioner.

5. Considering the aforesaid submissions advanced by petitioner's counsel, this court is inclined to grant the relief of anticipatory bail to the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Kadamkuan P.S. Case No. 650 of 2024 on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of

Patna High Court CR. MISC. No.89838 of 2024(2) dt.08-01-2025 3/3 the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 484(2) of the B.N.S.S.

(Shailendra Singh, J) Rajiv/- U T