Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3914 of 2020 Arising Out of PS. Case No.-219 Year-2019 Thana- CHANDAUTI District- Gaya ====================================================== VIKASH KUMAR Son of Late Pairu Chaudhary Resident of Village - Kujapi, P.S.- Chandauti, Dist.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Chandauti P.S. Case No. 219 of 2019, registered for the offence punishable under Section 363, 366(A), 448 and 323/34 of the Indian Penal Code.

The allegation is regarding the petitioner having kidnapped the victim girl with a view to solemnize marriage and she was taken away by the petitioner on a motorcycle and thereafter, the victim girl was taken by the petitioner to Delhi.

The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case. It is further submitted that the petitioner is having a clean

Patna High Court CR. MISC. No.3914 of 2020(2) dt.21-01-2020 2/2 antecedent and he is languishing in custody since 22.8.2019. The learned counsel for the petitioner has referred to the statement made by the victim girl under Section 164 Cr.P.C. before the learned Magistrate to contend that a perusal of the same would show that the victim girl had voluntarily fled with the petitioner and had raised no objection while she was staying at Delhi with the petitioner for about 12 days. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner, coupled with the fact that the petitioner is having a clean antecedent as well as considering the statement made by the victim girl under Section 164 Cr.P.C.

before the learned Magistrate, I deem it fit and proper to direct for release of the petitioner on regular bail. Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Chandauti P.S. Case No. 219 of 2019.