Utish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35093 of 2022 Arising Out of PS. Case No.-457 Year-2021 Thana- BEUR District- Patna ====================================================== UTISH KUMAR Son of Mahendra Chaudhary @ Ranjeet Prasad Resident of Village - Athmalgola, Budara, P.S. - Athmalgola, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyamal Prakash, Adv.

For the Opposite Party/s :

Mr.Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-02-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

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

The daughter of the informant is alleged to have been eloped by the petitioner.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has falsely been implicated in this case. He further submits that the victim girl has been recovered and her statements under Sections 161 and 164 Cr.P.C. have been

Patna High Court CR. MISC. No.35093 of 2022(5) dt.13-02-2023 2/3 recorded. She in her initial statement recorded under Section 161 Cr.P.C. has not stated anything about the petitioner but subsequently, the victim in her statement recorded under Section 164 Cr.P.C. has categorically stated that the petitioner has committed wrong with her, therefore, her statements are contradictory to each other and cannot be relied upon. He further submits that the victim was examined by the lady doctor who does not find any external or internal injury on the person of the victim. He further submits that the petitioner has been arrested by the police before the recovery of the victim girl. He further submits that the police after investigation has submitted chargesheet in this case against the petitioner. The petitioner is rotting in judicial custody since 14.11.2021. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, 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 Court below where the case is pending in connection with Beur P.S. Case No. 457 of 2021 with the

Patna High Court CR. MISC. No.35093 of 2022(5) dt.13-02-2023 3/3 following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) brajesh/- U T