Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37598 of 2024 Arising Out of PS. Case No.-72 Year-2024 Thana- JAGDISHPUR District- Bhojpur ====================================================== Guddu Kumar, Son of Late Ramjee Mahto @ Ramji Singh, resident of Village- Jagdishpur, P.S- Jagdishpur, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akash Kumar Mishra, Advocate For the Opposite Party/s :

Mr.Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 26-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Jagdishpur P.S. Case No. 72 of 2024, registered for the alleged offences under Section 363, 366A, 379 and 34 of the Indian Penal Code.

3. As per prosecution case, the petitioner enticed away the minor daughter of the informant and his family members abused the informant.

4. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Merely on suspicion, the informant has made the petitioner accused in this case. The statement of victim girl was recorded under Sections 161 as well as 164 Cr.P.C. wherein she has stated

Patna High Court CR. MISC. No.37598 of 2024(3) dt.26-07-2024 2/3 that as his brother scolded her, she left her house and went to the house of her paternal aunt where she stayed for three days and while returning she was intercepted by the police. The victim girl has not even named the petitioner for being involved in the matter in any manner. The learned counsel further submits that from the facts of the case, no offence under Sections 363, 366A, 379 has been made out against the petitioner. The petitioner is in custody since 09.03.2024 and is having clean antecedent. The charge sheet has been submitted in this case.

5. Learned APP opposes the submission made on behalf the petitioner.

6. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the statement of the victim girl recorded under Section 164 Cr.P.C. and further considering the submission of charge sheet and the period of custody of the petitioner, he is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Bhojpur at Ara/court concerned, in connection with Jagdishpur P.S. Case No. 72 of 2024, subject to the following conditions : (i) One of the bailors will be a close relative of

Patna High Court CR. MISC. No.37598 of 2024(3) dt.26-07-2024 3/3 the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) V.K.Pandey/- U T