Kismat Kumar Yadav @ Tuli Kumar Yadav @ Tuli Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7761 of 2023 Arising Out of PS. Case No.-47 Year-2022 Thana- JAMALPUR District- Darbhanga ====================================================== KISMAT KUMAR YADAV @ TULI KUMAR YADAV @ TULI KUMAR Son of Late Jawahar Yadav R/V- Tetri P.S- Jamalpur Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Girish Chandra Jha For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 363, 366(A), 504, 506 and 34 of the Indian Penal Code later on charge-sheet has been submitted u/s 376, 366(A) of the IPC and Sections 4/6 of the POCSO Act.

The allegation against the petitioner along with others is of kidnapping the daughter of the informant, when she went to attend nature's call.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The victim girl has recovered and her statement recorded u/s 164 of the Cr.P.C., in which she does not

Patna High Court CR. MISC. No.7761 of 2023(3) dt.19-06-2023 2/2 whisper about the complicity of this petitioner. The victim girl stated that she went Delhi with the petitioner on her own sweetwill and she solemnized marriage with this petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 09.05.2022. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned concerned Court in connection with Jamalpur Town P.S. Case No. 47 of 2022.

(Sunil Kumar Panwar, J) arish/- U T