Patna High CourtCR. MISC./4799/2019bail granted

Gaurav Kumar v. The State Of Bihar

2019-04-15Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4799 of 2019 Arising Out of PS. Case No.-142 Year-2018 Thana- BHAWANIPUR District- Purnia ====================================================== GAURAV KUMAR Sri Sadanand Mandal Village- Supauli Diyara, Brahamgyani, P.S. Bhawanipur, District-Purnea ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amit Kumar Anand For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 366A/34 of the Indian Penal Code.

The prosecution case in brief is that the informant's daughter was kidnapped by the accused persons. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 05-09-2018. Charge sheet has already been submitted. There was love affairs between the victim and the petitioner. The victim had left home with her own sweet will. When she came in custody of her parents, under inducement, she made statement under Section 164 of the

Patna High Court CR. MISC. No.4799 of 2019(3) dt.15-04-2019 2/2 Cr.P.C. The place of occurrence is alleged to be vegetable market. There is not a single witness from the vegetable market to support the allegation made by the victim. No protest whatsoever was made by the victim while she was being taken away by the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 learned Sub Divisional Judicial Magistrate, Purnea in connection with Bhawanipur P.S. Case No. 142 of 2018.

(Sudhir Singh, J) A.K.V.//- U T