Upender Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13504 of 2023 Arising Out of PS. Case No.-111 Year-2022 Thana- NASRIGANJ District- Rohtas ====================================================== KALU RAM SHARMA Son of Makkhan Lal Sharma R/V- Ganeshwar Gwar, P.S- Nimka Thana, Dist- Sikar Rajasthan ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 20446 of 2023 Arising Out of PS. Case No.-111 Year-2022 Thana- NASRIGANJ District- Rohtas ====================================================== UPENDER KUMAR Son of Late Awadhesh Paswan R/V- Barui, P.SSasaram (O.P Darigawan) Dist- Rohtas ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 13504 of 2023) For the Petitioner/s :

Mr.Shankar Kumar For the Opposite Party/s :

Mr.Arun Kumar (In CRIMINAL MISCELLANEOUS No. 20446 of 2023) For the Petitioner/s :

Mr.Anish Kumar For the Opposite Party/s :

Mr.Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-06-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioner has prayed for bail in a case instituted for the offence under Sections 341, 323, 363, 366(A), 504/34 of the Indian Penal Code.

As per allegation in the FIR, minor daughter of the

Patna High Court CR. MISC. No.13504 of 2023(3) dt.27-06-2023 2/3 informant had gone for purchasing house hold items and she did not return till late night, a search was made. During search, her family members came to know that his co-villager Bimlesh Kumar and 2-3 unknown has allured her daughter and kidnapped her with wrong intention.

It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. Petitioners are not named in the FIR. Statement of the victim girl was recorded u/s 164 Cr.P.C., in which she has stated that accused Sumitra Devi had played main role in her kidnapping. Petitioner Kalu Ram Sharma has solemnized marriage with her and he keeps her happily. She has not made allegation of any overt act against both the petitioners. It is further submitted that main accused Sumitra Devi has already been enlarged on bail. Both the petitioners have got no criminal antecedent and are languishing in judicial custody since 24.11.2022. It is submitted by learned counsel for the petitioner that petitioner is still ready to keep the victim as his wife. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is

Patna High Court CR. MISC. No.13504 of 2023(3) dt.27-06-2023 3/3 inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned SDJM, Bikramganj, Rohtas in connection with Nasriganj P.S. Case No. 111 of 2022.

(Sunil Kumar Panwar, J) sushma/- U