Prabhash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13782 of 2022 Arising Out of PS. Case No.-757 Year-2021 Thana- BANKA District- Banka ====================================================== PRABHASH KUMAR, SON OF RAJDEEP YADAV R/O VILLAGEVISHANPUR, P.S.- PIPARA, DISTRICT- SUPAUL ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar For the Opposite Party/s :

Mr. Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 13-07-2022 Heard Mr. Praveen Kumar learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Banka (Barahat) P.S. Case No. 757 of 2021, registered for the offences punishable under Sections 366A and 34 of the IPC. As per allegation, the informant's maternal daughter has been kidnapped by the petitioner with the help of his father and mother.

The learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that this case has been registered for kidnapping. He further points out that the

2/4 statement of the victim has been recorded under Section 164 Cr.P.C., as per which no case is made out against the petitioner, as she has stated that she had gone with the petitioner, Prabhash Kumar on her own sweet-will and as such, there is no allegation of any enticement on the part of the petitioner.

The petitioner is in custody since 02.11.2021 It is also stated in paragraph no. 2 of the petition that the petitioner has not moved earlier before this Court for grant of anticipatory bail or regular bail. It has further been stated that the petitioner has no criminal antecedent.

However, the learned APP for the State has opposed the prayer for bail.

Considering the facts and circumstances the petitioner, above-named, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Banka (Barahat) P.S. Case No. 757 of 2021

3/4 on the following conditions:

(i) The petitioner will make himself available for interrogation by a police officer/court as and when required. (ii) The petitioner will undertake that investigation/trial will not hamper on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.

(iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.

(iv) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedent, the learned court below shall cancel the bail bond of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedent despite his knowledge of the same.

(v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is

4/4 wrong, the learned court below shall cancel the bail bond of the petitioner.

The application stands allowed accordingly.

The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.

(Jitendra Kumar, J) uttam/- U