Kunal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22068 of 2021 Arising Out of PS. Case No.-255 Year-2020 Thana- MAKHDUMPUR District- Jehanabad ====================================================== KUNAL KUMAR Son of Shiv Kumar Sao @ Shiv Kumar Prasad Resident of Village - Rampur, P.S.- Makhdumpur in the district of Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar For the Opposite Party/s :

Mrs. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-08-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 366A of the Indian Penal Code.

As per the prosecution case, petitioner is alleged to have kidnapped the daughter of informant.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. It is submitted that victim in her statement u/s 164 of the Cr. P. C. stated that she had gone to the house of her friend, Pinki without giving information to her parents and nobody has kidnapped her. She has stated her age about 18 years. Petitioner is in custody since 22.09.2020 and charge sheet has already been submitted in this case.

Patna High Court CR. MISC. No.22068 of 2021(3) dt.31-08-2021 2/2 Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case, the period of custody of the petitioner and the statement of victim recorded u/s 164 of the Cr. P. C., 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 Chief Judicial Magistrate, Jehanabad in connection with Makhdumpur PS case No. 255/2020 on 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.

(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.

(Prabhat Kumar Singh, J) BKS/- U T