Prabhat Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52443 of 2015 Arising out of PS.Case No. -213 Year- 2015 Thana -JAMUI District- JAMUI ====================================================== Prabhat Kumar, Son of Late Chandra Shekhar Sah, resident of Village - Latta, P.S. - Laxmipur, District - Jamui.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Dipak Kumar, Advocate. For the Opposite Party : Mr. Jitendra Kr.Roy 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-02-2016 Heard learned counsels for the petitioner, informant and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Jamui P.S. Case No. 213 of 2015 for the offences instituted under Sections 366(A)/34 of the IPC.

The prosecution story, in brief, is that on 28.07.2015 the daughter of the informant, namely, Sana Parveen went to Shyama Pd. Singh Mahila College, Jamui, from her house but when she did not return back to her house, then the informant went for her search, and during search, he learnt from Md. Zainul that Nandu Sao of village Khairma told Md. Zainul that Prabhat Kumar enticed away a girl of Nayatola Bihari, then the informant asked the father of petitioner Prabhat Kumar, namely, Chandrasekhar Pd.

Patna High Court Cr.Misc. No.52443 of 2015 (3) dt.10-02-2016 2/3 Gupta, who told that his son is also missing and he gave assurance that he will hand over his daughter to him, but still his daughter is traceless. It is further stated that he again tried to contact Chandrasekhar Pd. Gupta, but he had also absconded. It is suspected by the informant that accused persons may kill or sell his daughter with a view to disappear the evidence. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The petitioner has falsely been implicated in the present case. The victim girl has made her statement under Section 164 Cr. P.C. where she has admitted that she had left her house with the petitioner and has already performed marriage with him and leading conjugal life with him from perusal of 164 Cr. P.C. statement. On behalf of the learned counsels for the informant and the State it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Jamui P.S. Case No. 213/2015 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the

Patna High Court Cr.Misc. No.52443 of 2015 (3) dt.10-02-2016 3/3 learned C.J.M., Jamui, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K./- (Sudhir Singh, J) U T