Deepak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2268 of 2018 Arising Out of PS.Case No. -140 Year- 2017 Thana -BAKHRI District- BEGUSARAI ======================================================
1. Deepak Kumar Son of Late Shiv Barat Mahton resident of village Shakarpura, Ward No. 19, P.S. Bakhri, District - Begusarai. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kumar Uday Singh For the Opposite Party/s : Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 15-03-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in judicial custody since 03.06.2017 in connection with Bakhri P.S. Case No. 140/17 for offences punishable under Sections 366-A, 506, 384/34 of the Indian Penal Code.
The prosecution case, as lodged by the informant, is that her daughter Najni Khatoon has been kidnapped by the petitioner and family members. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and the fact is that both the petitioner and Najni
Patna High Court Cr.Misc. No.2268 of 2018 (3) dt.15-03-2018 2/3 Khatoon, daughter of the informant were having love affair and they had eloped to the uncle's house, who having come to know that it is a case of elopement had informed the police, from where the victim girl was recovered. He submits that Najni Khatoon and Najni Begam is the same person and is a major, as is evident from her Aadhar Card, which is Annexure 3 to this application. It is further submitted that the victim girl in her statement under Section 164 Cr.P.C. has also not alleged about any physical assault or rape by the petitioner. In this regard a report was called for from the Superintendent of Police, Begusarai, who has submitted his report dated 05.03.2018 stating therein that Najni Begam and Najni Khatoon is the same person.
However, learned APP for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial
Patna High Court Cr.Misc. No.2268 of 2018 (3) dt.15-03-2018 3/3 Magistrate-V, Begusarai, in connection with Bakhri P.S. Case No. 140/2017.
(Nilu Agrawal, J) Rajesh/- U T