Prem Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30619 of 2021 Arising Out of PS. Case No.-35 Year-2021 Thana- SHEOHAR District- Sheohar ====================================================== PREM KUMAR S/O KISHORI SAHNI R/o village- Kanuani, P.S.- Sheohar, District- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Devendra Kumar, Advocate For the Opposite Party/s :

Mr. Pranav Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-01-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings. Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks regular bail in connection with Sheohar P.S. Case No. 35 of 2021 instituted for the offences under Sections 363 and 366(A)/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 27.01.2021, is a person with clean antecedent and charge-sheet has been submitted in this case. The informant alleges that his minor daughter, aged about 17 years, on 12.01.2021 was kidnapped by the petitioner and other named accused persons.

Learned counsel for the petitioner submits that the date of occurrence is 12.01.2021 and the FIR came to be

Patna High Court CR. MISC. No.30619 of 2021(3) dt.24-01-2022 2/2 instituted on 26.01.2021 and there is no explanation for the delay. Further the victim in her statement recorded under Section 164 Cr.P.C. has disclosed her age as 18 years and has not supported the prosecution case, rather stated that she married the petitioner. It is further submitted that even the Doctors have assessed the victim to be of 19 years of age. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody, is a person with clean antecedent, charge-sheet has been submitted and the victim has not supported the prosecution case, let the petitioner above named be released on bail on furnishing bail bond of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheohar in connection with Sheohar P.S. Case No. 35 of 2021.

(Satyavrat Verma, J) Kundan/- U T