Sunny Kumar @ Sanni Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57510 of 2021 Arising Out of PS. Case No.-30 Year-2021 Thana- DHURAIYA District- Banka ====================================================== SUNNY KUMAR @ SANNI KUMAR S/o Arbind Singh Resident of VillageManikpur, P.S.- Dhoriya, District- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anurag Saurav, Adv.

For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-04-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 366A, 323, 504, 506 and 34 of the Indian Penal Code.

As per the prosecution case, the twelve year old grand daughter of the informant disappeared and was not to be found inspite of search. On enquiry it transpired that petitioner and one another accused had kidnapped the grand daughter of the informant.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The grand daughter of the informant returned and her statement was recorded under section 164 Cr.P.C. which is Annexure-2 to the petition. She has categorically stated therein that she does not know the petitioner and it was as a result of informant scolding

Patna High Court CR. MISC. No.57510 of 2021(2) dt.07-04-2022 2/2 her that she had gone to her Nani's (maternal grand mother) place. On learning about lodging of the case she returned. No one had kidnapped her. The petitioner is in custody since 25.3.2021 and has no criminal antecedent. Chargesheet has been submitted in the case.

The application for bail is opposed by learned A.P.P. for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that the petitioner is named accused in the kidnapping of the 12 year old minor daughter of the informant. Referring to the order of the learned Court below it is submitted that material has transpired in course of investigation against the petitioner. Having heard learned counsel for the parties and taking into consideration the facts of the case, the contents of the statement under section 164 Cr.P.C. of the alleged victim together with the petitioner having remained in custody for over 1 year, the Court directs the petitioner to be enlarged on bail in connection with Dhoraiya P.S. Case no. 30 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrte, Banka.

Bibhash/- (Partha Sarthy, J) U