Punit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13012 of 2024 Arising Out of PS. Case No.-289 Year-2022 Thana- ARA MUFFSIL District- Bhojpur ====================================================== PUNIT KUMAR S/o Nand Kishore Yadav R/o-Village-Dhobha, P.S-Ara Muffasil (Dhobha O.P.), District-Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 29-02-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Ara Muffasil (Dhobha OP) P.S. Case No.289 of 2022 registered for the offence under Sections 363 and 366A of the Indian Penal Code.

3.

Allegation against the petitioner is to have enticed the sister of informant Ujjala Kumari aged about 16 years, along with other co-accused persons. It is further alleged that sister of informant taken away cash of Rs. 10,000/- and ornaments of gold and silver of Rs. 2,50,000/-. 4.

Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.13012 of 2024(2) dt.29-02-2024 2/3 petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that victim after recovery of the victim, statement under Section 164 of the Cr. P.C. has been recorded, where, she stated that she was not kidnapped rather due to love with the petitioner she on her sweet will went in his company at Gujarat. It is submitted that victim was medically examined and the medical board assessed her age between 19 to 21 years and not found any sexual assault upon the body of the victim. It is further submitted that petitioner is a man of clean antecedent and he is in custody since 26.10.2023.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner and as it appears from that victim itself stated in her statement as recorded under Section 164 of the Cr.P.C. that she went with the petitioner on her own sweet will with the petitioner, where, petitioner is man of clean antecedent, let the petitioner, above named, is directed to be released on bail in connection with Ara Muffasil (Dhobha OP) P.S. Case No.289 of 2022 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

Patna High Court CR. MISC. No.13012 of 2024(2) dt.29-02-2024 3/3 amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VIII, Bhojpur (Ara).

(Ramesh Chand Malviya, J) S.Katyayan/- U T