Dhanu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15817 of 2021 Arising Out of PS. Case No.-343 Year-2020 Thana- GHOSI District- Jehanabad ====================================================== Dhanu Kumar, S/O Guddu Kumar Yadav, R/O Village-Titaibigha, P.S. + District - Jehanabad ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Birendra Kumar, Advocate For the Opposite Party/s :
Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-08-2021 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 366 of the Indian Penal Code.
As per allegations in the FIR, the daughter of the informant who had gone out did not return and inspite of search was not to be found. It is stated that on inquiry it transpired that the petitioner and one another had a hand in her kidnapping. It is submitted by learned counsel for the petitioner that the allegations as levelled against the petitioner are false and concocted. The daughter of the informant returned and her statement was recorded under section 164 Cr.P.C.. There is no
Patna High Court CR. MISC. No.15817 of 2021(2) dt.12-08-2021 2/2 explanation whatsoever for the delay of more than 5 days in lodging the FIR. Further from perusal of the contents of the statement under section 164 Cr.P.C. it would transpire that the petitioner and the daughter of the informant are related. Further he has been implicated in the case for oblique reasons. He is in custody since 24.8.2020 and has no criminal antecedent. Heard learned APP 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 over 11 months and investigation in the case having concluded, the Court directs the petitioner to be enlarged on bail in connection with Ghosi P.S. Case no. 343/2020 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, Jehanabad.
Spd/- (Partha Sarthy, J) U T