Umesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3358 of 2025 Arising Out of PS. Case No.-85 Year-2024 Thana- TANKUPPA District- Gaya ====================================================== Umesh Kumar S/o- Rupan Yadav @ Rupan Prasad Village- Pati Ps- Fatehpur Dist- Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Sanju Kumar @ Tuntun Yadav Son of Kuldeep Yadav R/o- Ashurain P.STankuppa District- Gaya. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Aryan Singh, Adv For the Opposite Party/s :

Mrs. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 15-05-2025 Heard learned Counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Tankuppa P.S. Case No. 85 of 2024 registered for the offences punishable u/s 363 and 366(A) of the I.P.C.

3. As per the prosecution case, the petitioner is alleged to have abducted the minor daughter of the informant.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It has further been submitted that the statement of the victim girl was recorded under Section 183 of B.N.S.S., wherein

Patna High Court CR. MISC. No.3358 of 2025(4) dt.15-05-2025 2/3 she has clearly stated that she was in love with the petitioner and she was not kidnapped rather she had gone out of her own sweet will. Learned counsel for the petitioner has drawn the attention of this Court toward Annexure-P/2 wherein during the course of the medical examination, the age of the victim girl has been ascertained between 18-19 years. It is lastly submitted that the petitioner has clean criminal antecedent and is in custody since 12.07.2024.

5. Learned APP for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid submissions of the parties and also considering the period of custody, let the petitioner above-named, be enlarged on bail on furnishing bailbonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gaya, in connection with Tankuppa P.S. Case No. 85 of 2024, subject to the following conditions:- (i) One of the bailors will be close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.

Patna High Court CR. MISC. No.3358 of 2025(4) dt.15-05-2025 3/3 (iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned. (iv) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

7. The application stands allowed.

(Sourendra Pandey, J) Jyoti/- U T