Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6372 of 2024 Arising Out of PS. Case No.-706 Year-2023 Thana- KHAGARIA District- Khagaria ====================================================== Aman Kumar Son Of Ashwani Kumar Ashutosh R/O-Karua More Rupni, P.S.-chautham, Distt.-kagaria ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Vivekanand Singh, Advocate For the State :

Ms. Renu Kumari, APP For the Informant :

Mr. Ranjeet Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Khagaria (Chitragupta Nagar) P.S. Case No. 706 of 2023 instituted for the offence under Section 366 of the Indian Penal Code.

3.

Prosecution case in short is that wife of the informant was abducted by the two unknown persons, including the petitioner.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 14-09-2023. Petitioner is stated to be man of clean antecedent.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.6372 of 2024(2) dt.15-02-2024 2/2 counsel that petitioner has been falsely implicated in the present case. It is submitted that victim, in fact is a major and had gone on her own volition with the petitioner, which is apparent from the consideration of victim's statement recorded under Section 164 of the Code of Criminal Procedure, 1973. Victim had refused to medical examination. It is further submitted that no case under Section 366 of the IPC is made out against the petitioner.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and statement of the victim recorded under Section 164 of the Cr.P.C., this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Khagaria (Chitragupta Nagar) P.S. Case No. 706 of 2023. (Rudra Prakash Mishra, J) Raj Kishore/- U T