Rajan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 22458 of 2023 Arising Out of PS. Case No.-339 Year-2022 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== RAJAN KUMAR Son of Raja Ram @ Gajadhar Resident of Mohalla - Parao Pokhar, Lane No.- 2, P.S.- Kazimohammadpur, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anuradha Devi Wife of Late Kundan Singh R/o Mohalla - Aamgola, Ward No.- 34, P.S.- Kazimohammadpur, Distt.- Muzaffarpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr Hari Kishore Thakur, Advocate For the Opposite Party/s :

Mr Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned Additional Public Prosecutor (for brevity, APP) appearing for the State of Bihar.

The petitioner has preferred this application for grant of regular bail in connection with Kazimohammadpur Police Station (for brevity, PS) Case No 339 of 2022 dated 30.10.2022 registered for the offence punishable under Sections 363, 366A of Indian Penal Code.

As per prosecution case, the petitioner and co-accused are alleged to have kidnapped the minor daughter of informant by enticing her and the petitioner married her.

Patna High Court CR. MISC. No.22458 of 2023(2) dt.22-05-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has no criminal antecedent, as stated in paragraph 3 of the bail petition. He is in custody in this case since 14.11.2022. Learned counsel has further submitted that the victim in her statement recorded under Section 164 of Criminal Procedure Code has not supported the prosecution case.

Learned APP has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, period of custody as well as the nature of allegation against the petitioner, the petitioner above named is directed to be released on bail on his furnishing bonds of Rs 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge VI -cumSpecial Judge, Muzaffarpur in Kazimohammadpur PS Case No 339 of 2022 dated 30.10.2022.

This application stands allowed.

(Chandra Prakash Singh, J) M.E.H./- U