Patna High CourtCR. MISC./43689/2024disposed

Deepak Kumar v. The State Of Bihar

2024-06-26Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43689 of 2024 Arising Out of PS. Case No.-222 Year-2023 Thana- MINAPUR District- Muzaffarpur ====================================================== Deepak Kumar S/o Jaimangal Prasad @ Jaimangal Bhagat R/o Village Simrahan Majhauli, Police Station-Ahiyapur District-Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar S.K.

For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 26-06-2024 Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in the present case registered for the offence under Sections 363, 366(A), 506/34 of the Indian Penal Code.

3. As per the prosecution case, petitioner is accused of kidnapping the victim girl.

4. learned counsel for the petitioner has relied upon the paragraph no. 09 and 10 of the present bail application which reads as follows:-

9. That, it is further submitted on behalf of the petitioner that alleged victim, namely Rima Kumari appeared before the police on 01-06-24 and made her statements before the police and in which, she said that she was went voluntarily with Manish Kumar and solemnized marriage with him on 19-04-2024 in a Temple at Keshariya in Motihari district and thereafter, she

Patna High Court CR. MISC. No.43689 of 2024(2) dt.26-06-2024 2/2 went to Ahmadabad with Manish Kumar and when she knew about the instant case then she voluntarily appeared before police and she was never kidnapped by anyone.

10. That, it is pertinent to mention here that her statement U/S 164 Cr.P.C. has also recorded before the Judicial Magistrate and the same she released in favour of her matrimonial home by competent Court on the basis of her averment made before the Ld. Court.

5. In view of the above, this application is disposed of with direction to the Court below to verify the statement made by the petitioner in the bail petition and if the facts are found to be true, the petitioner shall be released on bail on furnishing bail bond. If the statements are found to be false then the appropriate order shall be passed.

6. This application is disposed of.

(Sandeep Kumar, J) Shishir/- U