Patna High CourtCR. MISC./21913/2021bail granted

Vikash Kumar v. The State Of Bihar

2021-08-31Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21913 of 2021 Arising Out of PS. Case No.-638 Year-2020 Thana- KANKARBAG District- Patna ====================================================== VIKASH KUMAR SON OF LALU SAHANI R/O VILLAGE- RAJENDRA NAGAR GUMTI, HATER ROAD, P.S.- KADAMKUAN, DIST.- PATNA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binay Kumar Singh For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== 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 363, 366(A)/34 of the Indian Penal Code.

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

Learned counsel appearing for the petitioner submits that in fact there is love affairs between the victim and the petitioner and she voluntarily solemnized marriage with the petitioner. The victim in her statement u/s 164 of the Cr. P. C. also admitted that she married with petitioner and she stated her age to be 19 years. Petitioner is in custody since 02.09.2020. Learned counsel appearing for the State opposes the

Patna High Court CR. MISC. No.21913 of 2021(3) dt.31-08-2021 2/2 prayer for bail.

Considering the facts of the case, the period of custody of the petitioner and the statement of the 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 Additional Sessions Judge-XIV, Patna in connection with Kankarbagh PS case No. 638/2020 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