Sukesh Kumar @ Sukesh Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89794 of 2024 Arising Out of PS. Case No.-593 Year-2022 Thana- GAURICHAK District- Patna ====================================================== Sukesh Kumar @ Sukesh Rai Son of Rajmangal Paswan Resident of Nadauna, P.S.- Masaurhi, Distt.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar Singh, Adv, For the Opposite Party/s :
Mr.Ramchandra Sahni,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 08-01-2025 Heard Mr. Manoj Kumar Singh, learned counsel for the petitioner and Mr. Ramchandra Sahni, learned APP for the State.
2. The petitioner apprehends his arrest in connection with Gaurichak P.S. Case No. 593/ 2022 dated 05.09.2022 registered for the offence(s) punishable under Section(s) 366A of the IPC.
3. The main submissions advanced by learned counsel for the petitioner are that the petitioner is a young person having fair and clean antecedent and the allegation of kidnapping levelled against him in the FIR is completely false, in fact, the informant's daughter, who is a major, had love affair with the petitioner and later on she married him and has been leading conjugal relationship with the petitioner from 18.04.2022 and in
Patna High Court CR. MISC. No.89794 of 2024(2) dt.08-01-2025 2/3 the present time she is living in the house of the petitioner and all these facts have been disclosed by her before the I.O. while recording her statement under section 161 of the Cr. P. C. and also before the Judicial Magistrate while recording her statement under section 164 of the Cr.P.C and the FIR was lodged by the victim's father with false allegation. It is further submitted that a delay of three days took place in lodging the FIR without any explanation and the FIR has been registered under section 366A of the IPC and regarding such facts specific statement has been made in the petition.
4. Learned APP appearing for the State has opposed the bail prayer of the petitioner.
5. Having considered the above submissions advanced by the petitioner's counsel and mainly taking into account the petitioner's young age as well as his fair and clean antecedent, 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 Gaurichak P.S. Case No. 593/ 2022 on furnishing bail bond of Rs. 20,000/- ( RupeesTwenty Thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.89794 of 2024(2) dt.08-01-2025 3/3 each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Shailendra Singh, J) BKS/- U T