Deepak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14216 of 2024 Arising Out of PS. Case No.-561 Year-2023 Thana- KUDHNI District- Muzaffarpur ====================================================== Deepak Kumar, Male, aged about 21 years, Son of Surendra Ram, Resident of Villag- Methaura, P.O- Paigambarpur, P.S- Sakra, District- Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Surendra Dwivedy, Advocate For the Opposite Party/s :
Ms. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 04-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Kudhani PS Case No. 561 of 2023 instituted for the offences punishable under Sections 363 and 366 of the Indian Penal Code.
3. As per the prosecution case, informant's daughter was kidnapped by accused persons.
4. Learned counsel for the petitioner submits that the petitioner is innocent has committed no offence and has falsely been implicated in this case. Petitioner is not named in the FIR and has been made accused only on the basis of suspicion. He next submits that the victim went with the petitioner with her own sweet will and has also stated that nothing wrong has been
Patna High Court CR. MISC. No.14216 of 2024(2) dt.04-03-2024 2/3 done with her. Petitioner is in custody since 31.10.2023.
5. Learned APP opposes the prayer for bail.
6. From perusal of the FIR, case diary, impugned order of the learned Sessions Judge, Muzaffarpur dated 19.01.2024 and also on perusal of the certified copy of the compromise petition which was filed by the informant before the District and Sessions Judge, Muzaffarpur and in Panchnama also which was signed by the victim girl and her mother, on the basis of written report of the informant's mother that the case has already been compromised, accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail after framing of charge on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 1st, West Muzaffarpur in connection with Kudhani PS Case No. 561 of 2023.
7. The trial Court is directed to conclude the proceeding of framing of charge according to law within a period of 15 (fifteen days) from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the petitioner shall be released on bail on above conditions and he shall be present physically on
Patna High Court CR. MISC. No.14216 of 2024(2) dt.04-03-2024 3/3 each and every date before the Trial Court till conclusion of the proceeding of framing of charge.
(Ramesh Chand Malviya, J) Anand Kr.
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