Patna High CourtCR. MISC./15072/2022bail granted

Satish Kumar v. The State Of Bihar

2022-05-16Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15072 of 2022 Arising Out of PS. Case No.-155 Year-2021 Thana- AWTARNAGAR District- Saran ====================================================== SATISH KUMAR S/o Late Digree Rai R/o Village- Chhotami, P.S.- Awatar Nagar, District- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Chandra Gandhi For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-05-2022 Heard learned counsel for the parties.

The petitioner seeks bail in a case registered for the offence under Sections 363/366A/34 of the Indian Penal Code. As per the prosecution case, on 05.06.2021, coaccused Bittu Kumar alongwith other F.I.R. named accused persons, including this petitioner, kidnapped the minor daughter of the informant and one Annu Kumari, for which, separate case was lodged.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence and he has been falsely implicated by the informant. To this effect, Annexure - 6 has been brought on record, which is statement of the victim girl recorded under Section 164 Cr.P.C. in Awtarnagar P.S.Case No. 173 of 2021, wherein she has clearly stated that no

Patna High Court CR. MISC. No.15072 of 2022(2) dt.16-05-2022 2/2 one has kidnapped her and she voluntarily went with co-accused Bittu Kumar and the victim disclosed her age to be 18 years. Petitioner is in custody since 18.12.2021.

Learned A.P.P. for the State has opposed the bail petition.

Considering the statement of the victim recorded under Section 164 Cr.P.C. in Awtarnagar P.S.Case No. 173 of 2021 coupled with the fact that petitioner is in custody since 18.12.2021 and investigation of the case has been completed, the prayer for bail of petitioner is allowed. Let the above named petitioner 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 learned J.M. 1st Class, Saran at Chapra in connection with Awatar Nagar P.S. Case No. 155 of 2021.

(Prabhat Kumar Singh, J) anay/- U T