Niraj Kumar @ Niranjan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38118 of 2019 Arising Out of PS. Case No.-65 Year-2019 Thana- AURANGABAD TOWN DistrictAurangabad ====================================================== Niraj Kumar @ Niranjan Kumar aged about 27 years, Gender Male S/o Deo Prasad paswan @Ram Prasad Paswan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-07-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application praying for bail in connection with Aurangabad (Town) P.S. Case No. 65 of 2019 registered for the offences punishable under sections 363,366(A), 341,323,504 and 34 of the Indian Penal Code. As per the prosecution case, the 14 years old minor daughter of the informant was kidnapped by the petitioner and others.

It is submitted by learned counsel for the petitioner that the date of occurrence is 28.02.2019 while the FIR was lodged on 09.03.2019. Subsequently, the statement of the victim was recorded under Section 164 Cr.P.C., on 13.05.2019. A copy of

Patna High Court CR. MISC. No.38118 of 2019(2) dt.05-07-2019 2/2 the same has been brought on record as Annexure 2 to the application. From perusal of the same it transpires that the victim whose age was assessed to be 18 years has categorically stated that she had herself called the petitioner on telephone, went along with him, married him and is in the family way. It is further submitted that the petitioner has no criminal antecedent and he is in custody since 13.05.2019.

The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case especially the contents of the statement of the victim made under Section 164 Cr.P.C., the petitioner named above is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in Aurangabad (Town) P.S. Case No. 65 of 2019. (Partha Sarthy, J) Prakash/- U T