Satyam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32581 of 2021 Arising Out of PS. Case No.-221 Year-2020 Thana- LAURIA District- West Champaran ====================================================== SATYAM KUMAR Son of Ambika Ram Resident of Village - Ambedkar Colony, Baswariya, Ward No.31, P.S.- Bettiah City, Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ashok Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-12-2021 Heard Mr. Bimlesh Kumar Pandey, learned counsel for the petitioner and Mr. Ashok Kumar Singh, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Lauriya P.S. Case No. 221 of 2020 registered for the offences punishable under Sections 363 and 366 of the Indian Penal Code 1860.

The allegation as per the First Information Report is that the daughter of the informant aged about 18 years was kidnapped by the petitioner with an intention to marry her. It has further been alleged that the petitioner was caught by the informant and others and handed over him to the Police. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.32581 of 2021(2) dt.17-12-2021 2/3 petitioner has falsely been implicated in this case. The victim girl is major and both were in love and she herself compelled the petitioner to marry her and was going with the petitioner on Motorcycle out of her own free will. Learned counsel further submits that the petitioner is in custody since 11.12.2020, and the statement of the victim girl under Section 164 Cr. P.C. that she was being taken on Motorcycle by the petitioner forcibly, is her statement made under coercion and influence of her father. Learned counsel also submits that the charge sheet has already been submitted and there is no allegation against the petitioner that he physically abused the victim girl at any point of time. He next submits that charge sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence.

Regards being had to the submission made by the parties and taking into consideration the materials on record and the fact that the petitioner is in custody since 11.12.2020, charge sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/-

Patna High Court CR. MISC. No.32581 of 2021(2) dt.17-12-2021 3/3 (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Bettiah, West Chamapran, in connection with Lauriya P.S. Case No. 221 of 2020. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T