Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46800 of 2021 Arising Out of PS. Case No.-782 Year-2020 Thana- SUPAUL District- Supaul ====================================================== Aman Kumar Son of Late Jageshwar Paswan Resident of Ward no. 25, Supaul, P.O. and P.S. - Supaul, District - Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Patla Kumari, Advocate For the Opposite Party/s :

Mr. Raj Kishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 21-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Supaul P.S. Case No. 782 of 2020 registered for the offence under Sections 366(A) and 34 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 28.11.2020.

The allegation against the petitioner is to kidnap the daughter of the informant for the purpose of illicit intercourse. Learned counsel appearing on behalf of the petitioner submitted that the victim girl did not support the factum of kidnapping in her statement recorded under Section 164 of

Patna High Court CR. MISC. No.46800 of 2021(4) dt.21-06-2022 2/3 Cr.P.C. rather it has been stated that she is in love affairs with the petitioner. It has also been submitted that the age of the victim is between 17 to 19 years, as per the medical report. While concluding the argument, it has further been submitted that petitioner is a man of clean antecedent. Learned APP appearing on behalf of the State vehemently opposes the prayer for bail of the petitioner. Considering the facts and circumstances as mentioned above, as victim negated the allegation of kidnapping in her statement recorded under Section 164 of Cr.P.C., let the petitioner, above named, is directed to be released on bail in connection with Supaul P.S. Case No. 782 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul, subject to the following conditions:

"(i) Accused/Petitioner shall cooperate in the trial and shall be properly represented on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical

Patna High Court CR. MISC. No.46800 of 2021(4) dt.21-06-2022 3/3 ground of the petitioner duly supported by the documents.

(iii) That one of the bailors shall be Dilip Kumar Paswan, who is the brother of the petitioner and deponent of the present bail petition."

(Chandra Shekhar Jha, J) Ankit/- U T