Monu @ Manu Kumar @ Monu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.37108 of 2015 Arising Out of PS.Case No. -16 Year- 2015 Thana -NAWANGAR District- BUXAR ======================================================
1. Monu @ Manu Kumar @ Monu Kumar S/o Ram Sewak Prasad R/o Village- Rampur, P.S.- Nawanagar, District- Buxar. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Binod Kumar Singh For the Opposite Party/s : Mr. Kr. Virendra Narayan(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 31-08-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is languishing in jail since 02.03.2015 in a case registered for offences punishable under Sections 366 (A) of the Indian Penal Code, although, charge sheet has been submitted by police under Sections 363, 366A, 323/34 of the Indian Penal Code.
The prosecution case is instituted by father of the victim stating therein that his (informant's) daughter, namely, Sumitra Kumari, aged about 13 years, student of class X, disappeared from the morning of 20.01.2015 and inspite of search, there was no trace of her and during the course of search, he came to know that one Manu Kumar of village- Rampur, used to visit
Patna High Court Cr.Misc. No.37108 of 2015 (2) dt.31-08-2015 2/3 his house and became familiar with his daughter (victim) for which the informant had chided them and mobile number 9708158707 is of said boy. It is further alleged that the informant went to the house of said boy (Manu) where he came to know that the said boy was also disappeared and after inquiry from his father Ram Sevak Prasad and brother, Santu Kumar, they did not give any reply. On 21.01.2015 at about 7 P.M. his daughter dialed on his mobile no. 9564071828 from mobile number 9507577492 and 09235004316 and told that Manu Kumar has kept her in U.P.focibly and may sell or kill her.
After that the informant dialed the said numbers then a lady picked up the call and she was forbade him for calling and the said lady also disclosed that she is speaking from Allahabad East Trust Ashram (Kashi Math) and on inquiry, she did not give any reply about the girl (victim). That on 22.01.2015 at about 4.15 P.M., the informant received call on his mobile no. 8579061213 from 9555105892 in which his daughter told that they have concealed her at Delhi and requested to save her. After that phone was disconnected. That the informant believed that the accused persons have kidnapped his minor daughter with a view to marry or sell and they can kill her any time.
It has been submitted by the learned counsel for the
Patna High Court Cr.Misc. No.37108 of 2015 (2) dt.31-08-2015 3/3 petitioner that the victim and the petitioner had a love affair, which has been authenticated by the girl (victim) herself in her statement.
Learned counsel for the petitioner further submits that the petitioner is innocent and has been falsely implicated in such case.
In view of the facts and circumstances, let the petitioner, namely, Monu @ Manu Kumar @ Monu Kumar 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 Chief Judicial Magistrate, Buxar in connection with Nawanagar P.S.Case No. 16 of 2015.
(Nilu Agrawal, J) Sudha/- U T