Deepak Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47911 of 2024 Arising Out of PS. Case No.-405 Year-2023 Thana- PIRO District- Bhojpur ====================================================== DEEPAK KUMAR SAH S/O NAYAK SAH @ JHURI SAH R/O VILLAGEPASAUR TOLA, P.S- PIRO, DISTT.- BHOJPUR. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravindra Kumar, Adv.
For the Opposite Party/s :
Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-07-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Piro P.S. Case No. 405 of 2023 dated 16.09.2023 registered for the offences punishable under Sections 366A and 120B of the Indian Penal Code.
3. As per the prosecution case, the petitioner and the coaccused persons are alleged to have kidnapped the minor daughter of the informant.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the possession of the petitioner. The petitioner has no concern with the alleged offence.
Patna High Court CR. MISC. No.47911 of 2024(2) dt.30-07-2024 2/3 The victim in her statement recorded under Section 164 Cr.P.C. has stated that she left her house on 13.09.2023 and went to Rajasthan with the petitioner where she solemnized her marriage with him. There was love affair between the petitioner and the victim. Learned counsel has further submitted that there is nothing on record which shows that the victim was forced to have illicit intercourse with another person. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 04.01.2024.
5. Learned A.P.P. for the State has opposed the bail petition of the petitioner and submitted that the victim is a minor girl while she was being taken to Rajasthan by the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, 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 Additional and Sessions Judge-VIIIth, Bhojpur at Ara in connection with Piro P.S. Case No. 405 of 2023, with a condition :- (i) That the petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.
Patna High Court CR. MISC. No.47911 of 2024(2) dt.30-07-2024 3/3
7. The application stands allowed.
(Chandra Prakash Singh, J) shivam/- U T