Sushil Kumar Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40102 of 2020 Arising Out of PS. Case No.-50 Year-2019 Thana- BHAPTIAHI District- Supaul ====================================================== SUSHIL KUMAR MEHTA SON OF CHHOTELAL MEHTA RESIDENTS OF VILLAGE- LAKSHMINIYA, P.O.- HARDI, P.S.-SUPAUL, DISTRICTSUPAUL ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Sunil Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-03-2021 Heard Mr. Pranav Kumar, learned counsel for the petitioner and Mr. Sunil Kumar Pandey, learned Additional Public Prosecutor appearing for the State.

Petitioner seeks regular bail in connection with Bhaptiyahi P.S. Case No. 50 of 2019 registered for the offences punishable under Sections 363 and 366/34 of the Indian Penal Code 1860.

The allegation as per the First Information Report is that on 3.6.2019, the daughter of the informant had gone to meet her friend Puja Kumari, but she did not return and upon search, the driver was also found missing. It has further been alleged that Driver Pradeep Kumar Das along with other named accused persons have kidnapped the minor daughter of the informant.

Patna High Court CR. MISC. No.40102 of 2020(3) dt.24-03-2021 2/3 Learned counsel for the petitioner submits that petitioner is not named in the First Information Report and he has been dragged in this case on the basis of another First Information Report lodged by the father of the victim's friend namely, Puja Kumari, bearing Bhaptiyahi P.S. Case No.51 of 2019. Learned counsel next submits that the statement of the victim girl in the present case was recorded, but nothing has been said by her against the petitioner. However, in another case bearing Bhaptiyahi P.S. Case No. 51 of 2019, the statement of another victim girl was recorded in which she has stated that petitioner was driving the Scorpio vehicle and had accompanied other accused persons up to Muzaffarpur. Learned counsel also submits that the petitioner has been granted bail by co-ordinate Bench of this Court in second case bearing Bhaptiyahi P.S. Case No. 51 of 2019. Learned counsel next submits that the petitioner is in custody since 14.9.2020.

Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that the victim girl in her statement recorded under Section 164 Cr. P.C. has not said anything against the petitioner and he is in custody since 14.9.2020, I am inclined to grant regular bail to the petitioner.

Patna High Court CR. MISC. No.40102 of 2020(3) dt.24-03-2021 3/3 Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge, Supaul in connection with Sessions Trial No. 320 of 2019 arising out of Bhaptiyahi P.S. Case No. 50 of 2019.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T