Shiv Shankar Kumar @ Vivek Kumar @ Shuv Shankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22616 of 2023 Arising Out of PS. Case No.-352 Year-2021 Thana- BIKRAMGANJ District- Rohtas ====================================================== SHIV SHANKAR KUMAR @ VIVEK KUMAR @ SHUV SHANKAR KUMAR Son of Lal Babu Paswan R/V- Jamodhi, PS- Bikramganj distRohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kanishk Kaustubh, Advocate For the Opposite Party/s :

Mr. Arun Kumar , Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-07-2023 Heard learned counsel for the petitioner and the State.

Petitioner apprehends arrest in a case registered for the offence punishable under sections 363, 366(A) of the Indian Penal Code.

As per the prosecution case, this petitioner kidnapped the minor daughter of the informant for the second time. It is further alleged that this petitioner had visited the village Dhavan and talked to informant's daughter ( Kuhsboo Kumari) and after that she fled away with petitioner along with golden and silver ornament and Rs. 30000/- cash.

It is submitted that victim in her statement u/s 164 Cr.P.C has not supported the prosecution. She has solemnized

Patna High Court CR. MISC. No.22616 of 2023(2) dt.06-07-2023 2/2 marriage with the petitioner on 09.06.2021 with her own will against her father's decision, so his father has falsely implicated the petitioner in the present case. He further submits that from bare perusal of the statement of victim (Khusboo Kumari), it is evident that her age is 20 years, so no case under section 366(A) is made out against this petitioner.

Learned counsel for the State opposes the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, 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 the Learned ACJM I, Bikramganj (Rohtas) in connection with Bikramganj P.S. case no 352 of 2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Kaushik/- U T