Sachin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30453 of 2024 Arising Out of PS. Case No.-480 Year-2023 Thana- SONEPUR District- Saran ====================================================== Sachin Kumar Son of Denanath Ray Resident of Village- Chakapsaid, P.S.- Sonepur, Dist.- Saran, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Saket Anand, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-07-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Sonepur P.S. Case no. 480 of 2023 registered under sections 366A, 379 and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that the petitioner kidnapped her minor daughter. He further states that his daughter took away Rs. 3 lakhs in cash and also ornaments worth several lakhs with her.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The daughter of the informant returned and her statement was recorded under section 164 Cr.P.C. With respect to the said statement it is submitted that from reading of the same it would transpire that the petitioner and the daughter of the informant were on friendly terms and the daughter of the informant had gone out with him

Patna High Court CR. MISC. No.30453 of 2024(3) dt.26-07-2024 2/2 out of her own free will. There is no allegation of any misbehaviour against this petitioner who is in custody since 18.12.2023 and charge-sheet has been submitted in the case.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and having perused the material available on record especially the statement of the daughter of the informant recorded under section 164 Cr.P.C, it transpires that she describes herself to be aged about 17 years. She admits about her being on friendly terms with the petitioner and states about going with him out of her own free will. Taking into consideration the facts of the case together with the petitioner having been remained in custody for over 7 months since 18.12.2023 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Sonepur P.S. Case no. 480 of 2023, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra. (Partha Sarthy, J) Harsh/- U T