Patna High CourtCR. MISC./35062/2016bail granted

Munna Kumar @ Munna Kumar Sah v. The State Of Bihar

2016-10-20Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35062 of 2016 Arising Out of PS.Case No. -39 Year- 2016 Thana -KASBA District- PURNIA ====================================================== Munna Kumar @ Munna Kumar Sah Son of Pappu Prasad Sah @ Pappu Sah, resident of Shanti Nagar, Kasba, P.S.- Kasba, District- Purnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate Mr. Vijay Anand, Advocate For the Opposite Party/s : Mr. C. Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-10-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 365, 366 and 366(A) of the I.P.C. Allegation against the petitioner is that he had kidnapped the minor daughter of the informant to establish sexual intercourse.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.4.2016 and the charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The date of occurrence is 4.4.2016, whereas the F.I.R. was instituted on 8.4.2016. Delay has not been explained. The said girl after the recovery was produced

Patna High Court Cr.Misc. No.35062 of 2016 (3) dt.20-10-2016 2/2 before the Medical Officer at Loknayak Jai Prakash Hospital, New Delhi for her medical examination, where she has very categorically stated before the doctor that she has married to the petitioner and she refused to get herself medically examined by the doctor. On the said statement of the victim, his father has also put his signature. Vide Annexure-2 series it is evident that there was admitted love affair between the parties. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner above named 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-I, Purnea in connection with Kasba P.S. case No.39 of 2016.

(Sudhir Singh, J) Narendra/- U T