Shubhankar Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51298 of 2024 Arising Out of PS. Case No.-307 Year-2024 Thana- KAHALGAON District- Bhagalpur ====================================================== Shubhankar Kumar Das Son of Late Satho Das Resident of village - Shobhnathpur, P.S.- Kahalgoan, District - Bhagalpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Swapnil Kumar Singh, Advocate For the Opposite Party :

Mrs. Sharda Kumari, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Kahalgaon P.S. Case No. 307/2024 dated 06.05.2024 registered for the offence punishable u/s 366A read with 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have kidnapped the minor daughter of the informant for the purpose of marriage.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.51298 of 2024(2) dt.12-08-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case. The victim in her statement recorded u/s 161 of the Cr.P.C. has stated that she left her home after that she along with the petitioner went to Naugachia, where she got married with the petitioner. There is nothing on record which shows that the victim was forced or seduced 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 07.05.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the victim is a minor girl.

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, Bhagalpur in connection with Kahalgaon P.S. Case No. 307/2024, with the condition ;- (i). The petitioner is directed to remain physically

Patna High Court CR. MISC. No.51298 of 2024(2) dt.12-08-2024 3/3 present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

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