Kishor Kumar @ Kishor Kumar Mandal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20480 of 2021 Arising Out of PS. Case No.-414 Year-2020 Thana- JAYNAGAR District- Madhubani ====================================================== KISHOR KUMAR @ KISHOR KUMAR MANDAL S/O SRI UPENDRA MANDAL R/O VILLAGE-KAMALA ROAD, JAINAGAR, P.S.- JAINAGAR, DISTRICT-MADHUBANI.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shivam, Adv.
For the Opposite Party/s :
Dr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-09-2021 Heard learned counsel for the parties through video conferencing.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 363, 366A and 34 of the Indian Penal Code.
As per the prosecution case, the minor sister of the informant disappeared. He states that on enquiry, it transpired that the three named accused persons including the petitioner herein had forcibly kidnapped his sister for the purpose of marriage.
It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case only for the reason of his friendship with co-accused Golu Kumar. It
Patna High Court CR. MISC. No.20480 of 2021(2) dt.21-09-2021 2/2 is stated that the seventeen year old sister of the informant returned back and her statement was recorded under section 164 Cr.P.C. wherein she has stated about her love with Golu Choudhary and her wanting to marry him. It is submitted that no allegation has been levelled against this petitioner in the statement under section 164 Cr.P.C. The petitioner is in custody since 25.11.2020 and has no criminal antecedent. Chargesheet has been submitted in the case.
Heard learned A.P.P. for the State.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the petitioner being in custody for nearly 10 months together with the contents of the statement of the sister of the informant under section 164 Cr.P.C., the Court directs the petitioner to be enlarged on bail in connection with Jainagar P.S. Case no.414 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Madhubani.
(Partha Sarthy, J) Saurabh/- U T