Krishna Kumar Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40502 of 2021 Arising Out of PS. Case No.-21 Year-2021 Thana- KHAJAULI District- Madhubani ====================================================== Krishna Kumar Ram S/o- Rabindra Kumar Ram Resident of Village- Behta, P.S.- Khajauli, District- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prabhakar Thakur For the Opposite Party/s :
Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-10-2021 Heard both parties through video conferencing. The petitioner seeks bail in Khajauli P.S. Case No. 21 of 2021, registered for the offence punishable under Sections 363, 366A of the Indian Penal Code.
As per the prosecution case, all the accused persons including petitioner kidnapped the minor daughter of informant. It is further alleged that prior to the alleged occurrence the accused persons threatened the informant for kidnapping his daughter.
It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. In fact, there was love affair between the petitioner and the victim girl and she in her statement u/s 164 Cr.P.C has denied the factum of her kidnapping. She further stated that she has solemnized
Patna High Court CR. MISC. No.40502 of 2021(2) dt.08-10-2021 2/2 marriage with the petitioner in a temple and they are husband and wife and she has stated her age 19 years, but the court below has assessed her age 17 years. Petitioner is in custody since 17.04.2021 having clean antecedent.
Considering the statement of victim girl under Section 164 Cr.P.C, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jhanjharpur, Madhubani in connection with Khajauli P.S. Case No. 21 of 2021, subject to following conditions:- (i) One of the bailors shall be the daughter of informant namely, Anjali Kumari.
(ii) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below. (iii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T