Krish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45226 of 2024 Arising Out of PS. Case No.-1694 Year-2023 Thana- PHULWARISHARIF District- Patna ====================================================== Krish Kumar S/O - Raj Kishore Singh R/O Of Koch Tarari, P.S.- Koch Tarari, Dist.- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kanchan Kumari, Advocate For the Opposite Party/s :

Ms. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-09-2024 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in Phulwari Shariff P.S. Case No. 1694 of 2023, instituted for the offences punishable under Section 366(A) of the Indian Penal Code.

3. The prosecution case, in short, is that, minor daughter of the informant left her house for taking tuition but she did not return home, during course of search she came to know that one boy has eloped with her daughter and kidnapped her.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Learned counsel for the petitioner further submits that the

Patna High Court CR. MISC. No.45226 of 2024(3) dt.25-09-2024 2/2 petitioner did not kidnap her, in fact, the victim on her own will eloped with the petitioner as there was love affair between them and they performed marriage in the temple (photograph annexed at Annexure-2). It is further submitted that the victim herself denied for her medical examination. On her recovery, the victim in her statement recorded under Section 164 of the Cr.P.C. stated against the petitioner under her family pressure. The petitioner is in custody since 25.12.2023 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Phulwari Shariff P.S. Case No. 1694 of 2023.

(Rudra Prakash Mishra, J) Rajorshi/- U T