Allowed
Manish Kumar v. The State of Bihar
Patna HCCR. MISC./10470/2022
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COURT OF JUDICATURE AT PATNA CRIMINAL…
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.10470 of 2022
Arising Out of PS. Case No.-353 Year-2021 Thana- RAHUI District- Nalanda
======================================================
MANISH KUMAR Son of Bhaso Ram @ Bhasho Nago Singh Resident of Village- Govindpur, Police Station- Rahui, District- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Sachida Nand Rai, Advocate For the Opposite Party/s : Mr. Mukeshwar Dayal, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
4 29-11-2022
Heard learned counsel for the petitioner and
learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Section 366(A) of the Indian Penal Code.
The informant alleges that on 17.07.2021 at 2.00 AM, the petitioner enticed his minor daughter aged about 17 years and eloped with her, it is next alleged that Manish Kumar disclosed that he will marry the victim. It is next alleged that the victim and the petitioner were in love for that reason eloped with the victim.
Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and has been
Patna High Court CR. MISC. No.10470 of 2022(4) dt.29-11-2022 2/3
falsely implicated in the present case, it is next submitted that informant is aware that the victim is staying with the petitioner and is pregnant. Learned counsel next submits that she has already delivered a child, it is further submitted that the victim at the time of the occurrence had reached the age of discretion.
Learned counsel for the informant very fairly submits that he is not opposing the anticipatory bail application of the petitioner as the petitioner and the victim are happily married and are staying together and have been blessed with a child even.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 2,000/(Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection
Patna High Court CR. MISC. No.10470 of 2022(4) dt.29-11-2022 3/3
with Rahui P.S. Case No. 353 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J)
GauravSinha/-
U T
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail in a case alleging enticement of a minor.
Whether the conditions imposed by the trial court and the date of surrender are acceptable for granting bail.
2 provisions across 2 enactments
Manish Kumar
The State of Bihar
Satyavrat Verma
As recorded by the court registry
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