Satish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40163 of 2020 Arising Out of PS. Case No.-256 Year-2019 Thana- DANAPUR District- Patna ====================================================== SATISH KUMAR Son of Bindeshwar Paswan Resident of Village - Shahpur, P.S.- Shahpur, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhola Prasad For the Opposite Party/s :

Mrs. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-02-2021 Heard Mr. Bhola Prasad, learned counsel for the petitioner and Mrs. Veena Kumari Jaiswal, learned counsel appearing for the State.

Petitioner seeks regular bail in connection with Special Case No. 122 of 2020 arising out of Danapur P.S. Case No. 256 of 2019 registered for the offence punishable under Section 366 (A) of the I.P.C.

The allegation as per the First Information Report is that petitioner along with the co-accused / Rahish Kumar and others kidnapped the minor daughter of the informant for the purpose of marriage.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.40163 of 2020(2) dt.20-02-2021 2/3 petitioner has falsely been implicated in this case merely because he happens to be the brother of the main accused Rahish Kumar, who was having love affair with the victim girl and has performed marriage subsequently. Learned counsel next submits that from perusal of Annexure - '3' to this bail application it would be evident that on the basis of the fact that the co-accused / Rahish Kumar has performed marriage with the victim girl, a Co-ordinate Bench of this Court has granted bail to the co-accused / Rahish Kumar in Cr. Misc. No. 49969 of 2019. Learned counsel next submits that petitioner is in custody since 26.04.2020 having no criminal antecedent. Having regard to the submissions made by learned counsel for the parties and taking into consideration the materials available on record and the fact that the co-accused / Rahish Kumar has been granted bail by this Court, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge POCSO cum Additional Sessions Judge, Patna / court concerned in connection with Special Case No. 122 of 2020 arising out of Danapur P.S. Case

Patna High Court CR. MISC. No.40163 of 2020(2) dt.20-02-2021 3/3 No. 256 of 2019.

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

(Anil Kumar Sinha, J) praful/- U T