Kuljit Patel @ Kuldeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13705 of 2023 Arising Out of PS. Case No.-28 Year-2022 Thana- LAURIA District- West Champaran ====================================================== KULJIT PATEL @ KULDEEP KUMAR S/O Vichandi Patel R/O VillageGobraura, P.S- Lauriya, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra, Adv.

For the Opposite Party/s :

Mr.Rajendra Nath Jha, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 363, 366(A)/34 of the Indian Penal Code and Section 8 of the POCSO Act.

3. Allegedly, all the accused persons including this petitioner abducted the informant's daughter for the purpose of marriage. Petitioner is said to have helped co-accused Baljeet Patel.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The

Patna High Court CR. MISC. No.13705 of 2023(4) dt.20-07-2023 2/2 allegation levelled against the petitioner is not specific rather general and omnibus in nature. His name has been transpired in the present case merely because he is full brother of co-accused Baljeet Patel. It is further submitted that the statement of the victim has been recorded under Section 164 Cr.P.C. in which she has not supported the prosecution case. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Considering the facts and circumstances of the case as well as statement of the victim u/s 164 Cr.P.C., let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Lauriya P.S. Case No. 28 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T