Pappu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18484 of 2024 Arising Out of PS. Case No.-757 Year-2023 Thana- JAMUI District- Jamui ====================================================== Pappu Kumar Son Of Rajendra Modi @ Fekan Modi R/O-Khaira Bazar, P.S.- Khaira, Distt.-Jamui ... ... Petitioner/s
Versus
1. The State of Bihar
2. Lalita Devi D/O Tripurari Singh, R/O Islam Nagar, P.S.- Jamui, DistrictJamui ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar, Advocate For the Opposite Party/s :
Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-06-2024 Heard Mr. Vijay Kumar, learned counsel for the petitioner, Mrs. Renu Kumari, learned APP for the State and perused the case diary.
2. The petitioner seeks bail in Jamui P.S. Case No. 757 of 2023, instituted for the offences punishable under Sections 363, 366-A of the Indian Penal Code and subsequently Section 8 of the POSCO Act was added.
3. The prosecution case, in short, is that, niece of the informant went out from house without informing anyone and went missing. The informant raised suspicion that the petitioner had kidnapped her niece after alluring her.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.18484 of 2024(4) dt.26-06-2024 2/3 petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. It is further submitted that there was love affair between the petitioner and the victim girl and the victim went with the petitioner under her great desire and own consent. When the petitioner and victim came to know about this case, they appeared before the concerned police station. The victim girl has stated in her statement recorded by the police that there was love affair in between them and she along with the petitioner went to Ranchi but the victim has not supported the same in her statement recorded under Section 164 of Cr.P.C. and there is no medical report as she has denied for the same. The petitioner is in custody since 31.12.2023 and has got no criminal antecedent.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail after framing of charge, if not already framed on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like
Patna High Court CR. MISC. No.18484 of 2024(4) dt.26-06-2024 3/3 amount each to the satisfaction of Court below/concerned Court in connection with Jamui P.S. Case No. 757 of 2023, subject to the following conditions:
(I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Rajorshi/- U T