Umesh Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42893 of 2024 Arising Out of PS. Case No.-130 Year-2024 Thana- SHEKHPURA District- Sheikhpura ====================================================== Umesh Prasad S/O Late Dukhi Mahto R/O Village-Katarpur,P.S.- Sheikhpura,District-Sheikhpura, At Present Mohalla-Hasim Khanda Bangalipar, Sheikhpura, P.S.-Sheikhpura, District-Sheikhpura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Namrata Mishra, Adv.
For the Opposite Party/s :
Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-11-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.
2. The petitioner seeks bail in connection with Sheikhpura P.S. Case No. 130 of 2024 instituted for the offences under Sections 366A/34 of the Indian Penal Code.
3. As per prosecution case, the accusation against the accused persons including the petitioner is of being involved in the alleged offence of kidnapping the Informant's daughter.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the
Patna High Court CR. MISC. No.42893 of 2024(4) dt.19-11-2024 2/3 present case. The petitioner is not named in the F.I.R. and his name has transpired in this case in course of investigation. The petitioner is the father of co-accused Nepal Kumar against whom there is an allegation of kidnapping and marrying with the Informant's daughter. Save and except this, there is nothing against the petitioner. The specific allegation of kidnapping is against co-accused Nepal Kumar and Dharampal Kumar. The petitioner has no concern with the alleged occurrence. In the confessional statement of the victim girl made under Section 183 of the B.N.S.S., she has also not made any allegation against the petitioner. The petitioner has one criminal antecedent and is languishing in judicial custody since 28.03.2024 without any rhymes or reason.
5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged against the petitioner is serious in nature and, hence, he does not deserve bail.
6. Having heard rival contention of both the parties
Patna High Court CR. MISC. No.42893 of 2024(4) dt.19-11-2024 3/3 and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the confessional statement of the victim girl, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sheikhpura P.S. Case No. 130 of 2024.
(Rudra Prakash Mishra, J) rishi/- U T