Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22638 of 2023 Arising Out of PS. Case No.-659 Year-2022 Thana- HISUWA District- Nawada ====================================================== Rahul Kumar, S/o Dilip Thathera, Resident of Gaya Road, near Power House, P.S.- Hisua, District- Nawada.

... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 02-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2.

The accused/petitioner seeks bail in connection with Hisua P.S. Case No.659 of 2022 registered for the offence punishable under Section 366-A of the Indian Penal Code. 3.

The accused/petitioner is named in the FIR and is in custody since 19.11.2022.

4.

Allegation against the petitioner is to kidnap the minor daughter of informant aged about 14 years for the purpose of illicit intercourse/marriage.

5.

It is submitted by learned counsel that the petitioner has been falsely implicated with present case as his love affairs with victim girl was not accepted by her parents including the informant. It is submitted that after recovery, the

Patna High Court CR. MISC. No.22638 of 2023(3) dt.02-08-2023 2/3 statement of victim was recorded under Section 164 of the Code of Criminal Procedure, where she categorically denied allegation of kidnapping and sexual assault rather she stated that she went on her own will with petitioner and solemnized her marriage with him. While concluding argument, it is submitted that the petitioner is a man of clean antecedent and moreover investigation of this case has been completed for which, chargesheet has been submitted and, as such, there is no chance of tampering with the evidence.

6.

Learned APP opposes the prayer for grant of bail to the petitioner.

7.

In view of above-mentioned facts and circumstances and by taking note of fact as alegation of kidnapping and sexual assault are being negated by victim herself while recording her statement under Section 164 of the Code of Criminal Procedure, coupled with the fact that chargesheet has already submitted, where petitioner is in custody since 19.11.2022, accordingly, the petitioner, above-named, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-VI, Nawada in connection with Hisua P.S.

Patna High Court CR. MISC. No.22638 of 2023(3) dt.02-08-2023 3/3 Case No.659 of 2022, subject to the conditions as laid down under Section 437(3) of the CrPC.

(Chandra Shekhar Jha, J.) Sanjeet/- U T