Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38601 of 2024 Arising Out of PS. Case No.-292 Year-2023 Thana- RAJAPAKAR District- Vaishali ====================================================== Sunil Kumar SON OF SANT LAL PANDIT VILLAGE- SURATPUR VIDMA, PS- MAHUA, DIST- VAISHALI ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

GUDDI DEVI WIFE OF GOPAL SINGH VILLAGE- CHAKSAID, PSRAJAPAKAR (BARANTI OP) DIST- VAISHALI ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

MR. Shivesh Sinha, Adv :

Mr. Amrit Kumar, Adv For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-11-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Rajapakar (Baranti O.P.) P.S. Case No. 292 of 2023 dated 15.08.2023 registered for the offences punishable u/s 366A and 363 read with section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused person are alleged to have kidnapped the minor daughter of the informant for the purpose of marriage.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.38601 of 2024(7) dt.22-11-2024 2/3 this case. It is further submitted that there was love affair between the victim girl and the co-accused Anish Kumar. The name of the petitioner has transpired in this case merely on the basis of being a cousin of the co-accused Anish Kumar. As per the statement recorded under Section 164 of the Cr.P.C. the victim left her home on her own will and she married with the co-accused Anish Kumar and living conjugal life in Punjab. It is further submitted that the victim was not forced or seduced to have illicit intercourse with another person. The petitioner has no concern with the alleged occurrence. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 14.03.2024

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the petitioner and the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Vaishali, in connection with Rajapakar (Baranti O.P.) P.S. Case No. 292 of 2023.

Patna High Court CR. MISC. No.38601 of 2024(7) dt.22-11-2024 3/3

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T