Gulshan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18666 of 2025 Arising Out of PS. Case No.-103 Year-2024 Thana- BAIRIYA District- West Champaran ====================================================== Gulshan Kumar Son of Late Khakhan Prasad Village- Baluwa Rampurva Police station -Bairiya District -west Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Sachida Nand Rai, Advocate For the State :
Mr. Dinesh Singh, APP For the Informant :
Mr. Sunil Kumar No. III, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-05-2025 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 363 and 366A of the Indian Penal Code.
3. As per prosecution case, all the F.I.R. named accused persons, including this petitioner, kidnapped minor daughter of informant for the purpose of marriage.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. The victim, in her statement recorded under Section 164 of the Cr.P.C. has denied the prosecution case and has categorically stated that she was in love with this petitioner and out of her
Patna High Court CR. MISC. No.18666 of 2025(2) dt.02-05-2025 2/2 own volition, she solemnized marriage with him after fleeing away from her parental house. Petitioner is in custody since 15.01.25.
5. On the other hand, learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the nature of accusation, statement of victim recorded under Section 164 of the Cr.P.C. and period of custody, the prayer for grant bail of to the petitioner is allowed.
7. Accordingly, let the above named petitioner 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 Additional Chief Judicial Magistrate-III, Bettiah, District- West Champaran in connection with Bairiya P.S. Case No. 103 of 2024.
(Prabhat Kumar Singh, J) shashank/- U T