Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16027 of 2020 Arising Out of PS. Case No.-4 Year-2020 Thana- NOORSARAI District- Nalanda ====================================================== Vivek Kumar, Son of Upendra Prasad, Resident of Village - Saidi, P.S. - Noorsarai, District - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad For the Opposite Party/s :

Mr.Arvind Kumar Pandey(App84) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-06-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State through Video Conferencing. The petitioner is accused in connection with Noorsarai P.S. Case No. 04 of 2020, registered under Section 366A/34 of the Indian Penal Code.

The accusation is of kidnapping of Ganjani Kumari, daughter of the informant, Balmiki Kumar, by Lallu Kumar. Earlier, his three sisters, Sarswati Devi, Lakho Devi and Mintu Devi come at the house of the informant and asked to perform the marriage of Lallu Kumar with his daughter but the informant refused to perform the marriage.

Learned counsel for the petitioner submits that petitioner is not named in the FIR but due to dirty village politics, his name has surfaced in the present case. Further submission is that in course of

Patna High Court CR. MISC. No.16027 of 2020(2) dt.04-06-2020 2/2 investigation, the victim, daughter of the informant was recovered by the police and her statement under Section 164 of the Cr.P.C. was recorded on 06.01.2020, in which, she has not disclosed the name of the petitioner, in fact, she has only stated that Lallu Kumar along with four unknown kidnapped her boarding on car and taken away at Andhana More. Further submission is that the name of the petitioner has come in the confessional statement of co-accused, Sonu Kumar, having hand in the kidnapping of daughter of the informant. Further submission is that petitioner has no criminal antecedent and is in custody since 07.01.2020.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda at Biharsharif, in connection with Noorsarai P.S. Case No. 04 of 2020. Out of two sureties, one surety must be the close relative of the petitioner. (Rajendra Kumar Mishra, J) Bhardwaj/- U T