Ghanshyam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45199 of 2024 Arising Out of PS. Case No.-260 Year-2024 Thana- LAKHISARAI District- Lakhisarai ====================================================== Ghanshyam Kumar Son of Matlu Yadav R/O Vill.- Kishanpur, P.S.- Amahara, Dist.- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-09-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Lakhisarai P.S. Case No. 260 of 2024 instituted for the offence under Sections 366A & 34 of the Indian Penal Code. 3.

Prosecution case in short is that on 17-04-2024 at about 12:30 in the night, cousin of the informant went missing and from mobile phone of her cousin, informant came to know that last call was made by the petitioner herein. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 18-04-2024. Petitioner

Patna High Court CR. MISC. No.45199 of 2024(3) dt.25-09-2024 2/3 bears clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Learned counsel submits that there was love affair between the petitioner and the cousin of the informant and she at her own volition went with the petitioner. As such, no case is made out under section 366 A of the IPC against the petitioner. From the perusal of the statement of the victim recorded under Section 164 of the Cr.P.C., it would reveal that petitioner and victim have performed marriage and she refused for her medical examination.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Referring to paragraph No. 64 of the case diary, it is submitted that charge sheet has been submitted in this case.

7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.45199 of 2024(3) dt.25-09-2024 3/3 Court below/concerned Court in connection with Lakhisarai P.S. Case No. 260 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T