Patna High CourtCR. MISC./47692/2024bail granted

Saddun Kumar @ Suddan Kumar v. The State Of Bihar

2024-07-30Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47692 of 2024 Arising Out of PS. Case No.-135 Year-2024 Thana- NOORSARAI District- Nalanda ====================================================== Saddun Kumar @ Suddan Kumar Son of Guddu Paswan R/O Vill.- Nadiyauna, Noorsarai, P.S.- Nalanda, Bihar, Dist.- Bihar Sharif Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rahul Kumar, adv.

For the Informant :

Mr. Arun Kr Chaudhary, Adv.

For the Opposite Party/s :

Mr. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 30-07-2024 Heard learned counsel for the petitioner and learned counsel for the informant as well as learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Noorsarai P.S. Case No. 135 of 2024 dated 28.03.2024 registered for the offences punishable u/s 366A of the Indian Penal Code and section 27 of the Arms Act.

3. As per the prosecution case, the petitioner is alleged to have kidnapped the minor daughter of the informant for the purpose of marriage.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There was love affair between the petitioner and the victim. The victim in her statement recorded u/s 164 of the Cr.P.C. has stated that she solemnized marriage with the petitioner. There is nothing on the

Patna High Court CR. MISC. No.47692 of 2024(2) dt.30-07-2024 2/2 record showing that the victim was forced to have illicit intercourse with another person. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 29.03.2024.

5. Learned counsel for the informant as well as 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 above-named, 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 concerned, Bihar Sharif at Nalanda in connection with Noorsarai P.S. Case No. 135 of 2024, with a condition/s:- (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 cancelled.

7. The application stands allowed.

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