Patna High CourtCR. MISC./47503/2023bail granted

Indal Kumar v. The State Of Bihar

2023-08-04Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47503 of 2023 Arising Out of PS. Case No.-23 Year-2023 Thana- VALMIKINAGAR District- West Champaran ====================================================== INDAL KUMAR SON OF DHENUK RAI R/O-PIPRA KUTTI, P.S.- VALMIKINAGAR, DISTT.-WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-08-2023

1. Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Valmikinagar P.S. Case No. 23 of 2023 dated 20.2.2023 registered for the offence punishable u/s 341, 323, 504, 506, 363, 366A read with section 34 of the Indian Penal Code and 4 and 8 of the POCSO Act.

4. 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. Further,

Patna High Court CR. MISC. No.47503 of 2023(2) dt.04-08-2023 2/3 when the informant went to make query about her daughter, she was abused and assaulted by the accused persons.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel has further submitted that the victim girl has also clearly stated in her statement recorded under section 164 of the Cr.P.C. that she was in court-ship with the accused-petitioner, Indal Kumar and wanted to solemnize marriage with him. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 30.3.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, 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, Bettiah, West Champaran in connection with Valmikinagar P.S. Case No. 23 of 2023.

Patna High Court CR. MISC. No.47503 of 2023(2) dt.04-08-2023 3/3

8. The application stands allowed.

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