Pranav Kumar @ Pranav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22553 of 2022 Arising Out of PS. Case No.-202 Year-2022 Thana- KHAJANCHI HAT District- Purnia ====================================================== Pranav Kumar @ Pranav S/O Nand Kishore Yadav R/o village- Maranga, Ward No. 8, P.S.- K.Hat, District- Purnea ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajit Kumar Singh, Advocate.
For the Opposite Party/s :
Mr.Rabindra Kumar, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 21-07-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.
Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner seeks regular bail in connection with Khajanchi Hat (Maranga) P.S. Case No. 202 of 2022 registered for the offences under Sections 363, 365, 366 (A)/ 34 of the Indian Penal Code .
As per allegation, the informant's daughter aged about 15 years was kidnapped by the petitioner and co-accused persons. The main submissions advanced by learned counsel for the petitioner are that the so called victim has recorded her statement before the Magistrate in which she has not supported the allegation made in the FIR and she has revealed that she along with her three friends went to Siliguri and they stayed in a hotel and thereafter returned back and in the entire statement no allegation of kidnapping has been made against the petitioner.
Patna High Court CR. MISC. No.22553 of 2022(2) dt.21-07-2022 2/2 Further submission is that the petitioner has clean antecedent and has been languishing in jail since 11.03.2022 and the FIR was lodged after inordinate delay and the informant's daughter is a major girl according to her medical report.
Learned APP appearing for the State has opposed the bail prayer.
Having considered the above submissions and mainly taking into account the victim's statement recorded under Section 164 Cr.P.C. that completely goes against the prosecution's story mentioned in the FIR and on medical examination any internal or external injury was not found on the body of the victim as appears from the order of Court below and the petitioner has clean antecedent and has been languishing in jail since 11.03.2022. In my view a lenient approach can be taken in respect of petitioner's prayer, let the petitioner 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 concerned Court in Connection with Khajanchi Hat (Maranga) P.S. Case No. 202 of 2022. (Shailendra Singh, J) sangam/- U T