Bittu Kumar @ Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8153 of 2024 Arising Out of PS. Case No.-56 Year-2023 Thana- KANTI District- Muzaffarpur ====================================================== Bittu Kumar @ Rahul Kumar Son of Manoj Rai @ Manoj Kumar Ray Resident of Village- Kanti Kaswa Ward No.3, P.S.-Kanti, Distt.-Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Ranjan, Advocate For the Opposite Party/s :
Mr.Shantanu Kumar, APP For the informant :
Mr. Abhishek Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-03-2024 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.
2. The petitioner seeks bail in Kanti P.S. case No. 56 of 2023 instituted for the offences under Sections 363, 366(A) of the Indian Penal Code.
3. Prosecution allegation, in short, is that the daughter of the informant left the house for coaching and thereafter did not return. The informant further alleged that earlier the accused persons including the petitioner had threatened the informant and for which a case was registered. The informant suspects that the accused persons have kidnapped her daughter.
Patna High Court CR. MISC. No.8153 of 2024(3) dt.11-03-2024 2/3
4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case due to previous dispute existing between the parties. Charge-sheet has been submitted in this case. The petitioner is in custody since 06.10.2023 and has one criminal antecedent in which he is on bail. The victim girl was recovered along with one Pankaj Kumar and her statement was recorded under Section 164 Cr.P.C. in which she has shown her willingness to go with her husband Pankaj Kumar after executing a bond. Co-accused have been granted anticipatory bail by a Coordinate Bench of this Court vide order dated 05.02.2024 passed in Cr. Misc. No. 69794 of 2023.
5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, the period of custody undergone by the petitioner and the fact that co-accused have been granted anticipatory bail by a Coordinate Bench of this Court, this Court is inclined to grant bail to the petitioner.
Patna High Court CR. MISC. No.8153 of 2024(3) dt.11-03-2024 3/3
7. Let the petitioner 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 Court below/concerned Court in connection with Kanti P.S. case No. 56 of 2023.
(Rudra Prakash Mishra, J) Pankaj/- U T