Kundan Kumar @ Kundan Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46929 of 2022 Arising Out of PS. Case No.-80 Year-2022 Thana- AMARPUR District- Banka ====================================================== KUNDAN KUMAR @ KUNDAN KUMAR DAS S/o Vindeshwari Das R/o village- Amarpur, Ward No. 5, P.S.- Amarpur, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Mukherjee, Adv.

For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-12-2022 Heard Mr. Ajay Mukherjee, learned counsel for the petitioner and Mr. Pradeep Narain Kumar, learned Additional Public Prosecutor for the State through video conferencing. Petitioner seeks regular bail in connection with Amarpur PS Case No. 80/2022 registered for the offence punishable under Section 364 of the IPC.

As per First Information Report, the petitioner abducted the minor son of the informant aged about five years. On the date of occurrence at about 3:30 PM, the petitioner made a call on the mobile phone of the informant and pressurized her to marry him otherwise her son would be killed. Learned counsel for the petitioner submits that the petitioner has got no criminal antecedent and he has not committed any offence in the manner alleged. He next submits that it appears that there is an illicit relationship between the

Patna High Court CR. MISC. No.46929 of 2022(2) dt.09-12-2022 2/2 petitioner and the informant or it may be a case of one sided love affair and in order to pressurize the informant, he kept the son of informant in a hotel room where the petitioner was staying. Learned counsel next submits that the petitioner is a young person and is in custody since 09.02.2022. Charge-sheet, in the matter, has been submitted.

Having regard to the submissions made by the parties and taking into consideration the nature of allegation and the fact that boy has already been recovered, the petitioner is in custody since 09.02.2022 and the charge-sheet has been submitted, I am inclined to grant regular bail to the petitioner after framing of charge.

Accordingly, let the petitioner, KUNDAN KUMAR @ KUNDAN KUMAR DAS be released on bail, after framing of charge, on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge 1st, Banka/Successor Court in connection with Amarpur PS Case No. 80/2022.

(Anil Kumar Sinha, J) perwez U T