Patna High CourtCR. MISC./10552/2024bail granted

Basant Kumar v. The State Of Bihar

2024-04-16Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10552 of 2024 Arising Out of PS. Case No.-213 Year-2023 Thana- KISHANPUR District- Supaul ====================================================== Basant Kumar Son Of Saburi Sada Resident Of Village- Maladh Ward No. 9, Ps- Kishanpur, Dist- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Mishra, Adv.

For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Kishanpur P.S. Case No. 213 of 2023, lodged on 13.09.2023 under Sections 363, 366(A), 323, 506 of the Indian Penal Code.

3. As per the prosecution case, FIR has been lodged against two named accused persons including the present petitioner. The allegation against the present petitioner is that he has kidnapped the informant's sister with a view to marry.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the victim girl has been recovered during investigation and she has narrated her statement under section 164 Cr.P.C. before the learned Magistrate. Counsel further

Patna High Court CR. MISC. No.10552 of 2024(3) dt.16-04-2024 2/2 submits that the medical report supports that the victim girl is aged about 18-19 yeas and for this reason, case diary has been called for.

5. Learned counsel for the petitioner submits that the criminal antecedent of the petitioner is clean and he is in custody since 14.09.2023.

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

7. After going through the case diary and statement under section 164 Cr.P.C., this Court is of the opinion that there is subsistence in the arguments of the counsel for the petitioner. Hence, in the present facts and circumstances of this case and the submissions made above, let the petitioner above named be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-VI-cum-Special Judge POCSO, Supaul in connection with Kishanpur P.S. Case No. 213 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C.

(Dr. Anshuman, J.) Divyansh/- U T