Vikky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53780 of 2021 Arising Out of PS. Case No.-173 Year-2019 Thana- ATHMALGOLA District- Patna ====================================================== Vikky Kumar S/o Late Suresh Singh R/o village- Ram Nagar Diyara, P.S.- Athmalgola, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rahul Kumar For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

03-12-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Athmalgola P.S. Case No. 173 of 2019, registered for the offence under Section 366(A), 504, 506, 34 of the Indian Penal Code.

As per the prosecution case, petitioner is alleged to have kidnapped the minor daughter of the informant on his motorcycle.

It is submitted on behalf of petitioner that petitioner has been falsely implicated in this case. During course of investigation, it has come that the victim was handed over to the investigating officer, wherein she has disclosed that she had left her house with this petitioner and thereafter, she eloped with coaccused Saurav Kumar, who has already been granted bail by a coordinate Bench of this Court, vide order dated 22.02.2021

Patna High Court CR. MISC. No.53780 of 2021(2) dt.03-12-2021 2/2 passed in Cr.Misc. No. 372 of 2021 (Annexure 2). In the confessional statement, the age of the victim has been assessed by the learned Magistrate, as 16 years, whereas, the doctor has found her age to be above 18 years. Some of the other coaccused persons have already been granted anticipatory bail by this Court and petitioner is in custody since 16.03.2021, having no criminal antecedent.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Barh (Patna) in connection with Athmalgola P.S. Case No. 173 of 2019. (Prabhat Kumar Singh, J.) anay/- U T