Patna High CourtCR. MISC./41212/2014bail granted

Aman Kumar v. The State Of Bihar

2015-01-23Mr. Justice Dinesh Kumar Singh2 pages

Patna High Court Cr.Misc. No.41212 of 2014 (3) dt.23-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41212 of 2014 Arising Out of PS.Case No. -95 Year- 2014 Thana -MATIHANI District- BEGUSARAI ======================================================

1. Aman Kumar S/o Prakash Mahto @ Ram Prakash Mahto R/o Rampur Baswan, P.S. Matihani, District - Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar & Subhesh Pandey, Advocates For the Opposite Party/s : Mr. Sanjay Kr.Singh Madhuri Lata, (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-01-2015 Heard learned counsels for the petitioner, informant and the State.

The petitioner is languishing in custody since 28.7.2014 in a case registered for the offences punishable under Sections 365 and 366 of the Indian Penal Code.

The accusation is of kidnapping the married daughter of the informant. In 164 Cr.P.C. statement the victim suggested that this petitioner used to teach her and one day she went in his company when she was given some intoxicant and when she gained consciousness, she found her maternal uncle in front of her.

It is submitted by the learned counsel for the petitioner

Patna High Court Cr.Misc. No.41212 of 2014 (3) dt.23-01-2015 that the victim was aged 19 years, the court also assessed her as 19 years and during investigation the victim was arrested along with the petitioner while travelling in train. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Learned counsel for the informant submits that accusation has been levelled against the petitioner also in 164 Cr.P.C. statement.

Considering the inconsistency in 164 Cr.P.C. statement and the fact that the arrest of petitioner and victim suggests that they were travelling in train at the time of arrest, let the above named petitioner 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 J.M. Ist Class-cum-ACJM, Begusarai in connection with Matihani P.S. Case No. 95 of 2014. (Dinesh Kumar Singh, J) Anil/- U