Kunal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21856 of 2024 Arising Out of PS. Case No.-690 Year-2023 Thana- BARHARA District- Bhojpur ====================================================== Kunal Kumar S/o- Manohar Paswan @ Manohar Ram Village- Rampur, P.S.- Barhara, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Section-366(A) of the Indian Penal Code.

3. It is alleged that the informant's minor grand daughter was enticed away by one Sanoj Sharma.

4. It has been submitted on behalf of the petitioner that the petitioner has falsely been implicated in the present case. The informant (grand father of the victim has specifically stated that one Sanoj Sharma had kidnapped his granddaughter. It has further been submitted that the victim in her statement recorded under Section-164 of the Cr.P.C. has named the

Patna High Court CR. MISC. No.21856 of 2024(3) dt.01-07-2024 2/2 petitioner but while on 15-12-2023, she was seen in the company with the petitioner and both were arrested by the police, she did not make any allegation against the petitioner. Next day, her statement under Section 161 of the Cr.P.C. was recorded and in that statement, she made allegation against the petitioner.

5. On the otherhand, Sr. Shailendra Kumar, learned APP has opposed the prayer for bail and submitted that the victim in her statement recorded under Section 164 of the Cr.P.C. has named the petitioner and also made specific allegation against him.

6. Considering the aforesaid facts and circumstances, let the petitioner named above, 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 Chief Judicial Magistrate, Bhojpur at Ara in connection with Barhara P.S. Case No. 690 of 2013 with condition that the petitioner shall cooperated with the trial of the case and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) A.K.V.//- U T