VIJAY KUMAR CHOURASIYA v. The State of Bihar
Case at a glance
- Bench
- ANJANI KUMAR SHARAN
Provisions considered
- Indian Penal Code, 1860
- Code of Criminal Procedure, 1973 ss. 164, 438(2)
Judgment
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER Mr. Sumit Shekhar Pandey, Adv. Mr. Dilip Kumar No.1, APP 4 09-04-2024 Heard Mr. Sumit Shekhar Pandey, learned counsel for the petitioners and Mr. Dilip Kumar No.1, learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 366-A/34 of the Indian Penal Code.
As per the prosecution case, the informant has expressed his apprehension that the daughter of his brother-in- law (Sarhu) has been kidnapped by one Prince Kumar who is son of the petitioner no.1 for the purpose of marriage.
Learned counsel for the petitioner submits that petitioner no.1 is father and petitioner no.2 is brother-in-law respectively of the co-accused, Prince Kumar and they have no concern in any manner in the said occurrence. They are innocent and have falsely been implicated in this case. Learned counsel further submits that the statement of the victim girl has been Patna High Court CR. MISC. No.67474 of 2023(4) dt.09-04-2024 recorded under Section 164 CrPC wherein she has categorically state that she, out of her own free will, had gone with Prince Kumar and performed marriage in a temple and she is willing to live with her husband, Prince Kumar. It also appears from her statement that she did not take the name of the aforesaid petitioners.
Learned APP for the State opposes prayer for anticipatory bail.
Considering the facts and circumstances of the case and the statement of the victim girl, let the above named petitioners, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM, Patnacity, Patna where the case is pending/successor Court in connection with Nadi P.S. Case No. 80 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) perwez U T
Precedent status how later indexed judgments have treated this case
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