Nandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22383 of 2024 Arising Out of PS. Case No.-480 Year-2023 Thana- BOCHAHAN District- Muzaffarpur ====================================================== NANDAN KUMAR Son of Vinod Sahni Resident of Village-Sarwani Chak, Police Station-Bochahan, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hari Kishore Thakur, Adv.

For the Opposite Party/s :

Mr.Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-05-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Bochahan P.S. Case No.480 of 2023 lodged under Sections 363, 366A and 34 of the I.P.C.

3. As per the prosecution case, the F.I.R. has been lodged against four named accused persons including the petitioner against whom there is allegation of kidnapping of the daughter of the informant with a view to sale her.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the petitioner is in custody since 18.09.2023 having clean antecedent.

5. Counsel further submits that the similarly situated other co-accused has been granted bail by this Court vide order dated 21.03.2024 passed in Cr. Misc. No. 83324/2023.

6. Counsel further submits that in the said case, case

Patna High Court CR. MISC. No.22383 of 2024(3) dt.10-05-2024 2/2 diary has been called for. From the case diary, it has been acknowledged by this Court that the victim has categorically alleged that they have forcefully brought the alleged victim with a view to sale and reason has not assigned that due to political rivalry as uncle of the victim was candidate of Mukhiya and with a view to create pressure, this kidnapping has been made. He also submits that allegation of outrage of modesty of the victim has not been made under section 164 of the Cr.P.C.

7. Learned counsel for the State opposes the prayer for bail.

8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, 3 months after framing of charge, if not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., 14th, Muzaffarpur East in connection with Bochahan P.S. Case No.480 of 2023, subject to the following conditions as laid down under Section 437(3) of Cr.P.C.

(Dr. Anshuman, J.) Prakashmani/- U T