Patna High CourtCR. MISC./34760/2020bail granted

Kundan Kumar v. The State Of Bihar

2021-01-20Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34760 of 2020 Arising Out of PS. Case No.-900 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== KUNDAN KUMAR, aged about 19 years (M), S/o Ramchandra Mahto, Resident of Village-Khagni, P.S.-Turkauliya, District-East Champaran. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Abhishek Kumar, Advocate.

For the Opposite Party :

Smt. Pushpa Sinha-2, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-01-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case for the offence registered under Sections 363 and 365 of the I.P.C. The prosecution story, in brief, is that on 17.12.2019 at about 9.00 A.M., the daughter of the informant, Khushbu Kumari, aged about 15 years, went to her School, but she did not return. During the search of her daughter, he came to know that Kundan Kumar (petitioner) and his friends have kidnapped her daughter with bad intention.

Patna High Court CR. MISC. No.34760 of 2020(2) dt.20-01-2021 2/2 It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 24.05.2020. The petitioner has got no criminal antecedent. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The victim has been recovered and her statement under Section 164 Cr. P.C. has been recorded. She has stated that she has left the house of her own will and got married with the petitioner. The 164 Cr. P.C. statement is Annexure-2 to the present application. On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the learned C.J.M. Motihari, East Champaran, in connection with Turkauliya (Raghunathpur) P.S. Case No. 900 of 2019.

(Sudhir Singh, J) U.K./- U T