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Patna High CourtCR. MISC./86291/2019bail granted

Pappu Kumar v. The State Of Bihar

2020-02-26Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86291 of 2019 Arising Out of PS. Case No.-147 Year-2018 Thana- BELAGANJ District- Gaya ====================================================== Pappu Kumar Son of Baleshwar Manjhi Resident of Village - Nimchak, P.S.- Belaganj, District - Gaya (Bihar) ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Sharma For the Opposite Party/s :

Mr.Arvind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Belagnj P.S. Case No. 147 of 2019 (GR No. 3566 of 2019) registered for the offences punishable under Section 363 of the Indian Penal Code.

The petitioner is not named in the First Information Report.

The prosecution case as per the First Information Report is that maternal grand mother of the victim girl had lodged a case on 29.05.2018 stating therein that her grand daughter Munni Kumari aged about 16 years had left the home and did not return back. The First Information Report was lodged against unknown. During the course of investigation, the

Patna High Court CR. MISC. No.86291 of 2019(2) dt.27-02-2020 2/3 name of the petitioner has transpired that the girl has gone to Delhi alongwith this petitioner.

Learned counsel appearing on behalf of petitioner submits that petitioner has not committed any offence in the manner alleged.

Referring to Annexure-2, learned counsel for the petitioner submits that the statement of the victim girl under Section 164 Cr.P.C. has been recorded in which she has not stated anything against this petitioner. He further submits that the victim girl on her free will had gone to Delhi alongwith this petitioner and stayed their for some time with this petitioner and she returned back to the house of her maternal grand mother. Having heard learned counsel for the parties and taking into consideration the fact that in her statement recorded under Section 164 Cr.P.C., the victim girl has not stated anything against this petitioner, I am inclined to grant anticipatory bail to this petitioner.

Accordingly, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Rupees Ten thousand)

Patna High Court CR. MISC. No.86291 of 2019(2) dt.27-02-2020 3/3 with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XI, Gaya in connection with Belagnj P.S. Case No. 147 of 2019 (GR No. 3566 of 2019), subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure. (Anil Kumar Sinha, J) mdrashid/- U T