Prem Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26245 of 2023 Arising Out of PS. Case No.-192 Year-2022 Thana- JALALGARH District- Purnia ====================================================== PREM KUMAR son of Rakesh Sah Village- Mandal Colony Chhat Pokhar Ps-K.Hat Dist- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar, Adv.

For the Opposite Party/s :

Mr.Surendra Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 363 and 366A/34 of the Indian Penal Code.

Allegedly, petitioner, along with other accused persons, is said to have allured and kidnapped the minor daughter of the informant.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has never kidnapped the daughter of the informant. The victim went with this petitioner with her

Patna High Court CR. MISC. No.26245 of 2023(2) dt.13-07-2023 2/2 own sweet will. He further submits that before the present case, K.Hat P.S. Case No. 826 of 2022 has been lodged by the informant, in which he is on bail. The statement of the victim has been recorded u/s 164 Cr.P.C., in which she stated that she wants to solemnize marriage with the petitioner. Petitioner has one criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail. Considering the facts and circumstances of the case as well as the statement of the victim u/s 164 Cr.P.C., the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Jalalgarh P.S. Case No. 192 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T