Vikash Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55587 of 2015 Arising Out of PS.Case No. -251 Year- 2015 Thana -MITHANPURA District- MUZAFFARPUR ====================================================== Vikash Kumar Singh S/o Arun Kumar Singh Moh. Madnani Gali Flat, P.S. Mithanpura, Distt. - Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Parasmani For the Opposite Party/s : Mr. Sharda Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 14-12-2015 Heard the learned counsel for the petitioner and learned A.P.P. for the State. Heard the learned counsel for the informant also. The petitioner, Vikas Kumar Singh, is in custody in Mithanpura P.S. Case No.251 of 2015 under Sections 363, 366, 366A, 34 of the Indian Penal Code.

According to the prosecution case, all the accused persons including this petitioner had kidnapped the daughter of the informant Annupriya Chainpuri aged about 17 years. The learned counsel for the petitioner submitted that in fact there was love affairs with the brother of the petitioner namely, Vishal Kumar Singh with the daughter of the informant and in 164 Cr.P.C. statement, the daughter of the informant clearly stated that she called on telephone to Vishal Kumar and they went to Babadham

Patna High Court Cr.Misc. No.55587 of 2015 (2) dt.14-12-2015 2/2 where they married and went to Bombay and are residing there. On the other hand, the learned counsel appearing on behalf of the informant vehemently opposed the prayer on the ground that there is direct allegation of kidnapping and the witness have supported this fact. The daughter of the informant is minor which has been supported by the medical Board also. It appears that the daughter of the informant has already been released in favour of the family of Vishal Kumar and this present petitioner. The learned counsel appearing on behalf of the informant submitted that he cannot say where the daughter is now as she was in remand home earlier.

Considering the allegation and the statement of the victim girl herself that she has married with Vishal Kumar, i.e. brother of the informant in Babadham and had gone to Mumbai with Vishal Kumar, I direct this petitioner to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Muzaffarpur in connection with Mithanpura P. S. Case No.251 of 2015.

(Mungeshwar Sahoo, J) Sanjeev/- U T