Shivam Kumar @ Golu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46076 of 2024 Arising Out of PS. Case No.-21 Year-2024 Thana- MEHANDIGANJ District- Patna ====================================================== Shivam Kumar @ Golu, Male, aged about 23 years, S/o Vijay Yadav, R/O Gaarivaan Tola, P.O. Madhav Mill, P.S.- Malsalami, Dist- Patna. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Anupam Prabhat Shrivastava, Advocate For the Opposite Party :

Mr. Arun Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-08-2024 This matter has been listed under the heading 'For Orders (on office notes)'.

2. Perused the letter dated 14.02.2024 of P.S.I. Mehandiganj Police Station, Patna, sent to the Medical Officer, Guru Govind Singh Hospital, Patna City.

3. Heard learned counsel for the petitioner and learned A.P.P. for the State.

4. The petitioner seeks bail in connection with Mehandiganj P.S. Case No. 21 of 2024 dated 09.02.2024 registered for the offence punishable under Section 366A of the I.P.C.

5. As per the prosecution case, the petitioner is alleged to have kidnapped the minor daughter of the informant for the

Patna High Court CR. MISC. No.46076 of 2024(3) dt.20-08-2024 2/3 purpose of marriage by enticing her.

6. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that there was love affair between the victim and the petitioner since four years. The victim has been recovered and her statement under Section 164 of the Cr.P.C. has been recorded in which she has stated that she out of her own will went with the petitioner from her house. It is further submitted that from perusal of the medical prescription of the victim, issued by the doctor, Gurugovind Singh Sadar Hospital, Patna, it appears that the victim denied to be medically examined. It is further submitted that the victim was not forced or seduced to have illicit intercourse with any person. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 15.02.2024.

7. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

8. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned J.M.F.C.,

Patna High Court CR. MISC. No.46076 of 2024(3) dt.20-08-2024 3/3 Patna City in connection with Mehandiganj P.S. Case No. 21 of 2024.

9. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T