Pappu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22961 of 2024 Arising Out of PS. Case No.-154 Year-2023 Thana- PAROO District- Muzaffarpur ====================================================== Pappu Kumar Son of Bhuneshwar Sahni Resident of Village- Gyaspur, P.S.- Paroo, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Yugal Kishore, Adv.
For the Opposite Party/s :
Ms.Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 01-05-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends arrest in connection with Paroo PS Case No. 154 of 2023 dated 04-04-2023, instituted under Sections 363 and 366A/34 of the IPC.
3. The prosecution case in short is that petitioner along with other accused persons have kidnapped the minor daughter of the informant for the purpose of marriage.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that allegation against the petitioner is that
Patna High Court CR. MISC. No.22961 of 2024(2) dt.01-05-2024 2/3 he induced the informant's minor daughter to elope with him for the purpose of marriage. It is submitted that from perusal of the order passed by the learned Additional Sessions Judge-1, Muzaffarpur, in A.B.P. No. 3176 of 2023, rejecting the anticipatory bail of the petitioner, it transpires that the victim girl has been recovered, and in her statement recorded under Section 164 CrPC, she has stated that she had run away with the petitioner. It is next highlighted that the age of the victim has not been ascertained. The petitioner is a young boy aged about 19 years. It is further submitted that victim, in her statement recorded under Section 164 CrPC, has not supported the prosecution case. Lastly, it is submitted that petitioner has no criminal antecedents.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned JM 1st Class, Court No.-2, West Muzaffarpur, in Paroo PS Case No. 154 of 2023, subject to the conditions laid down in Section
Patna High Court CR. MISC. No.22961 of 2024(2) dt.01-05-2024 3/3 438(2) of the Code of Criminal Procedure, 1973.
7. The application stands allowed.
(Khatim Reza, J) shyambihari/- U T