Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43438 of 2024 Arising Out of PS. Case No.-79 Year-2018 Thana- ALOULI District- Khagaria ====================================================== PAPPU KUMAR S/O RAJENDRA YADAV R/O VILLAGE- VARTAR, P.SALOULI, DISTT.- KHAGARIA. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rabish Kumar, Adv.

For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with a case registered for the offence punishable under Section 363 of the IPC. Later on Section 366A of the IPC was added.

3. The allegation levelled against the petitioner is that he along with other co-accused persons assisted the main accused Amol Kumar in kidnapping the grand-daughter of the informant.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. No such occurrence as alleged has ever taken place. He has been falsely implicated in this case due to ulterior

Patna High Court CR. MISC. No.43438 of 2024(2) dt.02-08-2024 2/3 motive. The allegation levelled against the petitioner is totally false and based on concocted facts. There is no specific overt act against the petitioner. There is specific allegation against co-accused Amol Kumar with whom the victim girl was in love. He further submits that the police has submitted final form against the petitioner, but the learned Court below differing from the final form took cognizance against him. Petitioner has no criminal antecedent and he is in custody since 28.03.2024.

5. Learned APP for the State opposes the prayer for bail and submits that the statement of the victim was recorded under Section 164 Cr.P.C., in which she has supported the prosecution case and stated that on 12.03.2018 co-accused Amol Kumar @ Anmol Kumar abducted her with the help of this petitioner and other co-accused persons and all of them sexually abused her.

6. Having regard to the facts and circumstances of the case, since the police has submitted final form against the petitioner, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below

Patna High Court CR. MISC. No.43438 of 2024(2) dt.02-08-2024 3/3 where the case is pending/Successor Court in connection with Alouli P.S. Case no. 79 of 2018.

(Anjani Kumar Sharan, J) divyanshi/- U T