Patna High CourtCR. MISC./15875/2024bail granted

Chhotu Kumar v. The State Of Bihar

2024-05-01Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15875 of 2024 Arising Out of PS. Case No.-187 Year-2023 Thana- NAYAGAON District- Saran ====================================================== Chhotu Kumar Son of Mohan Sahani Resident of Village- Shobhepur, P.S.- Nayagaon, District-Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dewendra Narayan Singh For the Opposite Party/s :

Mrs. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-05-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Nayagaon P.S. Case No. 187 of 2023 dated 27.10.2023, registered for the offences punishable u/ss 366A, 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and other co-accused persons are alleged to have kidnapped the minor daughter of the informant for the purpose of marriage.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. There was love affair between the

Patna High Court CR. MISC. No.15875 of 2024(3) dt.01-05-2024 2/2 victim and the petitioner. In her statement recorded u/s 164 Cr.P.C. she has not stated that she was forced to have illicit relationship with another person. There is a delay of 14 days in lodging the F.I.R. and there is no plausible explanation of such delay. The petitioner is in custody since 30.10.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Saran at Chapra in connection with Nayagaon P.S. Case No. 187 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) Ranjeet/- U T