Monu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35815 of 2024 Arising Out of PS. Case No.-412 Year-2019 Thana- KHAJEKALA District- Patna ====================================================== Monu Kumar S/o Sri Ramanand Prasad @ Ram Nandan Prasad @ Rama Nand Rai R/o vill - Chakdah, P.S. - Aungari, Distt. - Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Shekhar, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in a case registered for the offence under Sections 363 and 366(A) of the Indian Penal Code.

3. As per the allegation in the FIR, it is a case of kidnapping of the sister of the informant by the accused person. 4.

Learned counsel appearing on behalf of the petitioner submits that petitioner has falsely been implicated in this case due to village politics and grudge. Petitioner is not named in the FIR, he has got clean antecedent as stated in para3 of the petition and he is in custody since 13.03.2024. 5.

Learned APP appearing for the State, op-

Patna High Court CR. MISC. No.35815 of 2024(2) dt.20-05-2024 2/2 poses the prayer for bail of the petitioner.

6.

On perusal of the first information report, statement of the victim recorded on 07.10.2019 under Section 164 of the Cr.P.C. and impugned order dated 08.04.2024, it appears that the victim has stated that no one has kidnapped her and she had got married with the petitioner in a temple with her own sweet-will and no sexual assault against the petitioner as stated in para-12 of the petition, considering which, I am inclined to grant bail to the petitioner. Accordingly, let the petitioner, above named, is directed to be released on bail in connection with Special Case No. 71 of 2024 arising out of Khajekalan P.S. Case No. 412 of 2019 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned VII Additional Sessions Judge-cum-Special Judge, POCSO, Patna. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T