Patna High CourtCR. MISC./52001/2021bail granted

Nimendar Kumar v. The State Of Bihar

2022-03-30Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52001 of 2021 Arising Out of PS. Case No.-334 Year-2021 Thana- MADHEPURA District- Madhepura ====================================================== NIMENDAR KUMAR SON OF LATE LUTAN YADAV RESIDENT OF VILLAGE- BALAM, WARD NO. 1, P.S. MADHEPURA, DISTRICTMADHEPURA (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Kumar, Advocate For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 30-03-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 366A of the Indian Penal Code. As per the prosecution case, the petitioner is said to have kidnapped the 16 year old daughter of the informant. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The daughter of the informant returned and her statement was recorded under section 164 of the Cr.P.C. wherein she has categorically stated that she went out of her own volition and married the petitioner. Further referring to the Adhar card of the daughter of the informant it is submitted that she was a major on the alleged date of occurrence. The petitioner is in custody since 28.2.2021 and chargesheet has been

Patna High Court CR. MISC. No.52001 of 2021(3) dt.30-03-2022 2/2 submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the statement of the daughter of the informant recorded under section 164 Cr.P.C which is Annexure-2 to the petition together with the date of birth of the daughter of the informant as per her Aadhar card which is enclosed with the petition, the petitioner is directed to be enlarged on bail in connection with Madhepura P.S. Case no. 334 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge VI, Madhepura.

(Partha Sarthy, J) Spd/- U T