Aakash Kumar Singh @ Gulshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8667 of 2022 Arising Out of PS. Case No.-278 Year-2021 Thana- DUMRAO District- Buxar ====================================================== Aakash Kumar Singh @ Gulshan Kumar Son Of Surendra Singh Resident Of Village- Nandan , P.S- Dumraon, Dist- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar, Adv For the Opposite Party/s :

Mr.Anil Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 14-06-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 366 of IPC. The prosecution case, in short, is that on 18.07.2021 the minor daughter of the informant went to take tuition but did not return home till the evening then the informant contacted to his relative and searched the victim near Station but found the victim traceless. Thereafter informant suspected that her daughter has been kidnapped by someone for the purpose of marriage.

Patna High Court CR. MISC. No.8667 of 2022(2) dt.14-06-2022 2/3 Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. He further submits that in fact the victim was recovered and her statement under Section 164 Cr.P.C. was recorded in which she categorically stated that she she has voluntarily gone to Haryana and she has also solemnized marriage with the petitioner and she wants to go with her husband. The petitioner is in custody since 25.11.2021. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Dumraon (Naya Bhojpur O.P.) P.S.Case No.278 of 2021, with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.8667 of 2022(2) dt.14-06-2022 3/3

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) One of the bailors must the victim, namely, Rani Kumari.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T