Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79412 of 2018 Arising Out of PS. Case No.-24 Year-2018 Thana- SIWAIPATTI District- Muzaffarpur ====================================================== Manish Kumar Son of Mohan Prasad Resident of village-Sodhana Madhopur, P.S.- Siwaipatti, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bela Singh For the Opposite Party/s :

Mr.Sri Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-01-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Siwaipatti P.S. Case No. 24 of 2018, registered for the offence punishable under Sections 363 and 366A of the Indian Penal Code.

The allegation is regarding kidnapping of the victim girl by the accused persons including the petitioner herein. The learned counsel for the petitioner submits that the statement of the victim girl under Section 164 Cr.P.C. would show that no immoral act was committed by the petitioner with the victim girl and it has been further submitted that the deposition of the victim girl (PW-3) before the learned trial court in the ongoing sessions trial would

Patna High Court Cr.Misc. No.79412 of 2018(2) dt.18-01-2019 2/2 show that she has stated in her cross-examination that on account of dispute in her family, she had voluntarily gone to Ludiana with the accused persons. It is further submitted that the petitioner is having a clean antecedent and he is languishing in custody since 09.10.2018.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Judge IX-cum-A.C.J.M, Muzaffarpur in connection with Siwaipatti P.S. Case No. 24 of 2018.

It is further directed that the petitioner shall appear on each and every date before the learned trial court in the ongoing trial and in the event of any default in appearance, the present privilege of bail shall stand canncelled and the petitioner would be taken into custody forthwith.

(Mohit Kumar Shah, J) ajay gupta/- U T