Sonal Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12408 of 2021 Arising Out of PS. Case No.-322 Year-2020 Thana- PIRBAHOR District- Patna ====================================================== SONAL PRAKASH Son of Om Prakash Resident of House No.20, Gali No.3, Khora Colony, P.S.- Indrapuri, Dist.- Gaziabad (U.P.), at Present Flat No.A47, Ground Floor, Lotus Villa Sector-1, G. Noida, Gaziabad, Uttar Pradesh ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dr. Shashi Shekhar Kishore For the Opposite Party/s :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 30-07-2021 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 363 and 365 of the Indian Penal Code.

As per allegation in the F.I.R., the nephew of the informant was kidnapped by an unknown lady.

It is submitted by learned counsel for the petitioner that in course of investigation, co-accused Mamta was caught and she confessed her guilt before the police narrating that she had kidnapped and handed over the boy to Dharmendra Kumar who passed it on to Sintu Kumar, brother-in-law(Sarhu) of the petitioner. It is submitted that in course of investigation on the

Patna High Court CR. MISC. No.12408 of 2021(3) dt.30-07-2021 2/2 confessional statement of Mamta Devi, it has transpired that taking benefit of the petitioner who was issueless and wanted to adopt a child, they provided him the child for a payment. It is submitted that from material that transpired during in course of investigation, the petitioner has been a victim of circumstances. He is in custody since 26.10.2020 and has no criminal antecedent. Co-accused Sintu Kumar has been enlarged on bail vide order passed in Cr. Misc. no.26478 of 2021. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the petitioner having remained in custody for more than 8 months and investigation in the case having concluded, the Court directs the petitioner to be enlarged on bail in connection with Pirbahore P.S. Case no.322 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Patna.

(Partha Sarthy, J) Saurabh/- U T