Bambam Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6812 of 2024 Arising Out of PS. Case No.-1054 Year-2023 Thana- KAHALGAON District- Bhagalpur ====================================================== Bambam Kumar Son of late Ghanshyam Mandal Resident of Village-Purani Athgama, P.S.-Sabour, Distt.-Bhagalpur ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
The State Of Bihar And Anothers The Advocate general, Patna high Court, Patna, Bihar 2.
Shambhu Yadav Son of Late Rambhajo yadav Resident of Village- Adarsh nagar Fulkiya, Ghogha, P.S.-Ghogha, Distt.-Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bijendra Kumar, Adv.
For the Informant :
Mr. Devendra Kumar Pandey, Adv.
For the Opposite Party/s :
Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-04-2024 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 Kahalgaon P.S. Case No. 1054 of 2023 dated 08.09.2023 registered for the offences punishable u/ss 363, 366A read with section 34 of the Indian Penal Code and section 8/12 of the Protection of Children from Sexual Offences Act.
3. As per the prosecution case, the petitioner and the co-accused person are alleged to have kidnapped the minor daughter of the informant by enticing her for the purpose of
Patna High Court CR. MISC. No.6812 of 2024(4) dt.30-04-2024 2/3 marriage.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is a delay of ten days in lodging the FIR. There is love affair between the parties. It is further submitted that the victim herself went with the petitioner and solemnized marriage with him and presently she is residing in her Sasural. It is further submitted that the dispute between the parties has been compromised outside of the court. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 01.12.2023.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner. However, the informant of this case is physically present before the court and supported the factum that the dispute between the parties has been compromised outside of the court.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Bhagalpur in connection with Kahalgaon P.S. Case
Patna High Court CR. MISC. No.6812 of 2024(4) dt.30-04-2024 3/3 No. 1054 of 2023.
7. The application stands allowed.
(Chandra Prakash Singh, J) guddukr/- U T