Badal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48781 of 2024 Arising Out of PS. Case No.-114 Year-2023 Thana- MAIN P.S. District- Gaya ====================================================== Badal Kumar Son of Amardeep Gupta Resident of Village - Nasirganj, P.S.- Danapur, District - Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Sanjay Kumar Son of Late Damodar Ram Resident of Village - Pai Bigha, P.S.- Men (Pai Bigha O.P.), Dist.- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Helal Ahmad For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 09-09-2024 Heard learned counsel for the petitioner and learned A.P.P for the State. However, learned counsel for the opposite party no. 2 is not present despite service of notice validly served upon the opposite party no. 2.

2. The petitioner has preferred this application for grant of regular bail in connection with Main P.S. (Pai Bigha) Case No. 114 of 2023 dated 24.09.2023 registered for the offences punishable u/ss 363, 366A read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, the co-accused persons, Gopal Kumar and Niraj Kumar are alleged to have kidnapped the minor daughter of the informant.

Patna High Court CR. MISC. No.48781 of 2024(3) dt.09-09-2024 2/3

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has surfaced in this case merely on suspicion. There is no specific allegation against the petitioner rather the specific allegation of kidnapping of the informant's daughter is against the co-accused, Gopal Kumar and Niraj Kumar. The victim in her statement recorded under Section 164 of the Cr.P.C. has not stated anything about the sexual assault against the petitioner. As per the medical report of the victim, there is no recent sign of sexual assault on the person of the victim though the rape cannot be denied. It is further submitted that the petitioner has no concern with the alleged offence. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 30.09.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court

Patna High Court CR. MISC. No.48781 of 2024(3) dt.09-09-2024 3/3 concerned, Gaya in connection with Main P.S. (Pai Bigha) Case No. 114 of 2023 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T