Patna High CourtCR. MISC./14756/2019bail granted

Shatrughan Kumar v. The State Of Bihar

2019-04-16Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14756 of 2019 Arising Out of PS. Case No.-61 Year-2017 Thana- JANKINAGAR District- Purnia ====================================================== SHATRUGHAN KUMAR Son of Chhoti Sah @ Chhoti Say R/o VillagePiprahi, P.S.- Gamahariya, District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.N.K. Agrawal, Sr. Advocate Mr. Dr. Bidhu Ranjan For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section 366A of the Indian Penal Code. The prosecution case in short is that the accused persons forcibly abducted the minor daughter of the informant for the purpose of marriage.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.12.2018 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been implicated in the present case. The date of occurrence is

Patna High Court CR. MISC. No.14756 of 2019(3) dt.16-04-2019 2/2 7.3.2017 but the F.I.R. has been registered on 1.4.2017 The delay in lodging the F.I.R. has not been explained. From perusal of the F.I.R., it appears that the victim and the petitioner had solemnised marriage. When the victim went in the custody of her parents, under inducement, her statement under Section 164 Cr.P.C. has been recorded.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R..

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cum- Special Judge, POCSO Act, Purnea in connection with Special Case No. 76 of 2017 arising out of Jankinagar P.S. Case No. 61/2017. (Sudhir Singh, J) Pankaj/- U T