Krishna Kumar @ Kishan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45945 of 2024 Arising Out of PS. Case No.-506 Year-2023 Thana- FORBESGANJ District- Araria ====================================================== Krishna Kumar @ Kishan Kumar Son of Mr. Sunil Mandal Resident of village - Kirkichia Ward No.- 13, P.O.- Dholbazza, P.S.- Forbesganj, District - Araria ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

'X' D/O SUNIL MANDAL R/O VILLAGE- DHOLBAJJA, P.SFORBESGANJ, DISTT.- ARARIA. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Vaishnavi Singh For the Opposite Party/s :

Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-08-2024 Heard learned counsels for the parties.

2.

The petitioner seeks bail in connection with a case registered for the offence punishable u/s 363, 366(A), 354(D), 372, 373 of the IPC and Section 4 of POCSO Act. 3.

As per the prosecution case, all the accused persons including the petitioner are said to have kidnapped the informant. Co-accused Sushil Mandal took her to Patna and kept her in a hotel where he took her obscene photographs to implicate her in prostitution.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as alleged in the FIR. He has been falsely implicated in this case due to enmity. There is general and omnibus allegation against

Patna High Court CR. MISC. No.45945 of 2024(2) dt.02-08-2024 2/2 the petitioner. He further submitted that charges have already been framed against the petitioner. The petitioner has no criminal antecedent and has been rotting in judicial custody since 21.03.2024.

5.

Learned APP for the State opposed the prayer for bail. 6.

Considering the facts and circumstances of this case and the period of custody, 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 where the case is pending/the Successor Court, in connection with Forbesganj P.S. Case No.506 of 2023, subject to the following condition:

(i) The petitioner shall remain physically present in the court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

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