Sudhir Kumar Singh @ Bhola Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 70732 of 2018 Arising Out of PS. Case No.-280 Year-2018 Thana- Dariyapur District- Saran ====================================================== Sudhir Kumar Singh @ Bhola Singh, son of Pramod Kumar Singh, resident of Village- Kusiyalpur, Police Station- Dariyapur, District- Saran. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Nasim Yahya For the Opposite Party/s :

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

03-12-2018 Heard Mr. Nasim Yahya, learned counsel for the petitioner and Sri Nawal Kishore Prasad, learned Addl. Public Prosecutor.

The sole petitioner, who is in custody since 25-09-2018 in Dariyapur P.S. Case No. 280 of 2018 registered for offence under Sections 363, 366(A)/34 of the Indian Penal Code, has prayed for grant of bail.

It was submitted by learned counsel for the petitioner that in the F.I.R., it was alleged that petitioner was one of the friend of the boy, with whom victim had eloped. Learned counsel for the petitioner has drawn my attention to Annexure - 2 to the petition i.e. photocopy of the statement of the victim recorded under Section 164 of the Cr.P.C. to show that victim before the learned Magistrate has herself deposed that voluntarily she had gone with one Prem Kumar, with whom she was in love since last 3-4 years. She went to Delhi, where she

Patna High Court Cr.Misc. No.70732 of 2018(2) dt.03-12-2018 2/2 solemnised marriage with Prem Kumar in a temple and thereafter, while they returned back for solemnishing court marriage, the victim was intercepted by the police and her statement under Section 164 of the Cr.P.C. was got recorded. Learned counsel for the petitioner further submits that in statement recorded under Section 164 of the Cr.P.C., the victim herself has shown apprehension against her father, uncle and brother. Besides this, it has been argued that there is no other cogent material to show involvement of the petitioner. Fact regarding recording of statement of the victim under Section 164 of the Cr.P.C. was also noticed by the learned court below while rejecting the prayer for bail.

In view of facts and circumstances, particularly the statement of the victim recorded under Section 164 of the Cr.P.C., there is no reason to further detain the petitioner. Let the petitioner namely Sudhir Kumar Singh @ Bhola Singh be enlarged 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 A.C.J.M. - IV, Saran, Chapra in connection with Dariyapur P.S. Case No. 280 of 2018. (Rakesh Kumar, J.)