Amit Raj @ Karn Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.491 of 2025 Arising Out of PS. Case No.-345 Year-2024 Thana- BAKHTIYARPUR District- Patna ====================================================== Amit Raj @ Karn Kumar Son of Ram Padarath Singh Resident of village - Bariyapur, P.S.- Bakhtiyarpur, District - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar Pandey, Adv.
For the Opposite Party/s :
Mr.Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 19-03-2025 Heard Mr. Manoj Kumar Pandey, learned counsel for the petitioner and Mr. Sanjay Kumar Sharma, learned APP for the State.
2. The petitioner apprehends his arrest in connection with Bakhtiyarpur P.S. Case No. 345/ 2024 dated 14.06.2024 registered for the offence(s) punishable under Section(s) 363 and 365 of the IPC.
3. As per the prosecution's story, the informant alleged that his daughter, Priti Kumari, had gone to study in the library but she did not return till 10.00 PM. The informant suspected that the petitioner had seduced and kidnapped his daughter.
4. The main submissions advanced by learned counsel for the petitioner are that the petitioner is a young
Patna High Court CR. MISC. No.491 of 2025(4) dt.19-03-2025 2/3 person having fair and clean antecedent and the so-called victim was, admittedly, a major girl when the alleged occurrence is said to have taken place, though, the victim made allegation in her statement recorded under section 164 of the Cr.P.C. but the story of alleged occurrence described by her is completely unbelievable as according to her, she was first made unconscious by the petitioner and his brother and thereafter she was taken to Delhi where she was forcefully married to the petitioner in a temple and thereafter marriage was also solemnized at Hajipur court and if we believe the said story then it clearly appears that the victim had sufficient opportunity to resist against the alleged acts of the petitioner but she remained silent and as per the I.O.
, the victim was found alone in the premises of Hajipur railway station and this fact clearly shows that no occurrence, as alleged in the FIR, took place with the victim and a false story has been fabricated. It is further submitted that the so-called victim has been recovered and there is no need of custodial interrogation of the petitioner.
5. Learned APP appearing for the State has opposed the bail prayer of the petitioner, however, he has not satisfied this court about the need of custodial interrogation of the petitioner.
Patna High Court CR. MISC. No.491 of 2025(4) dt.19-03-2025 3/3
6. Considering aforesaid submissions advanced by the petitioner's counsel and mainly taking into account the petitioner's young age and 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 Bakhtiyarpur P.S. Case No. 345/ 2024 on furnishing bail bond of Rs. 20,000/-(Rupees Twenty Thousand) with two sureties of the like amount 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