Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 43237 of 2021 Arising Out of PS. Case No.-59 Year-2021 Thana- SAHEBPUR KAMAL District- Begusarai ====================================================== Amit Kumar S/O Mahesh Sah @ Mantu Sah @ Mahesh Kumar R/O Village/Muhalla-Kalyanpur, P.S.-SAHEBPUR Kamal, District-Begusarai. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sanjiv Kumar Singh, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-10-2021 Heard learned counsel for the petitioner, the State and the informant.

The petitioner prays for grant of regular bail in a case registered for the offence punishable under sections 366A/34 of the Indian Penal Code.

As per the prosecution case, petitioner and other accused persons named in the FIR including some unknown persons kidnapped the minor daughter of the informant. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He happens to be the brother of co-accused Ritesh Kumar Gupta with whom the victim has love affair and has flew away. The victim in her section 164 Cr.P.C statement contained in Annexure 2 has stated that she had love affair with co-accused

Patna High Court CR. MISC. No. 43237 of 2021(2) dt.29-10-2021 2/2 Ritesh Kumar Gupta and she has made no allegation against the petitioner. Petitioner has claimed clean antecedent and he is in custody since 18.3.2021.

Learned counsel appearing for the State and the informant oppose the prayer for bail. They submit that the petitioner actively participated with other accused persons in kidnapping of the minor daughter of the informant. Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, as named above, 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 Chief Judicial Magistrate, Begusarai in Sahebpur Kamal Police Station Case No. 59 of 2021.

(Prabhat Kumar Singh, J) Shashi U T