Naresh Kumar @ Naresh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27050 of 2022 Arising Out of PS. Case No.-237 Year-2017 Thana- DESARI District- Vaishali ====================================================== NARESH KUMAR @ NARESH KUMAR SINGH SON OF LATE LAXMI SINGH R/O- VILL- MAJROHI DIH@ RAGHUNANDAN, P.S.- DESARI, DIST- VAISHALI (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-09-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under section 366A and 120B read with 34 of the Indian Penal Code.

As per the prosecution case, the petitioner along with co-accused Om Prakash Kumar kidnapped the minor daughter of the victim for the purpose of marriage under conspiracy. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.27050 of 2022(2) dt.01-09-2022 2/3 case. Nothing has been recovered from the conscious possession of the petitioner. The victim in her statement recorded under section 164 of the Cr.P.C. has stated that she loves the petitioner and she has solemnized marriage with the petitioner and no one has kidnapped her. It is further submitted that the learned Magistrate has assessed the age of the victim as 24 years during the course of recording her statement under section 164 of the Cr.P.C. Learned counsel further submitted that the victim is residing with the petitioner and the victim girl has given birth to a child. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 11.03.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of detention, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below, Vaishali at Hajipur in connection with Desari P.S. Case No.237 of 2017.

Patna High Court CR. MISC. No.27050 of 2022(2) dt.01-09-2022 3/3 The application stands allowed (Chandra Prakash Singh, J) atul/- U T