Mani Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49403 of 2024 Arising Out of PS. Case No.-443 Year-2023 Thana- BARAUNI District- Begusarai ====================================================== MANI KUMAR S/O LATE RAM VINOD SINGH R/O VILLAGEPAWADA TOLA KARICHAK, P.S- CHERIYA BARIYARPUR (MAJHAUL O.P.), DISTT.- BEGUSARAI.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sujit Kumar Singh For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-08-2024

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State representing the State.

2. The petitioner seeks regular bail in connection with Barauni (Garhara) Police Station Case No. 443 of 2023, dated 25.08.2023, registered for the offence punishable under Sections 363/366(A)/34 of the of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that the minor daughter of the informant went to a private coaching for study and when she did not return till evening, search was made and during search, it was found that the daughter of the informant has been kidnapped/

Patna High Court CR. MISC. No.49403 of 2024(2) dt.09-08-2024 2/3 abducted by the petitioner and others.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the ground that there was love relationship between the petitioner and the victim girl, who went with the petitioner voluntarily and stayed with him at Surat where the petitioner was working. He next submits that the statement of the victim girl has been recorded under Section 164 of the Code of Criminal Procedure, 1973, in which she has stated that no physical relationship was established by the petitioner with her. She came with the petitioner on the pressure of other co-accused persons, who are the relative and neighbour of the victim girl. In the medical examination, the doctor has assessed the age of the victim between 19 and 20 years. He further submits that the petitioner is in custody since 17.09.2023.

5. Regards been had to the submissions made by the parties and taking into consideration the materials available on record, the custody of the petitioner and the statement of the victim girl recorded under Section 164 of the Code of Criminal Procedure, 1973, I am inclined to grant regular bail to the petitioner.

Patna High Court CR. MISC. No.49403 of 2024(2) dt.09-08-2024 3/3

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, be released on bail, upon furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Begusarai, in connection with Barauni (Garhara) Police Station Case No. 443 of 2023. (Anil Kumar Sinha, J.) Raj Ranjan/- U √ T √