Aman Kumar @ Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.48129 of 2022 Arising Out of PS. Case No.-176 Year-2022 Thana- KATORIYA District- Banka ====================================================== Aman Kumar @ Kundan Kumar Son of Umesh Kumar Singh @ Guja Singh Resident of Village - Baniyakura, P.s.- Katoria, Distt.- Banka. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ajay Mukherjee, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 09-12-2022 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within two weeks from today.

Heard learned counsel for the petitioner and Mr. Shailendra Kumar Singh, learned A.P.P. for the State. Petitioner in the present case is seeking regular bail in connection with Katoria P.S. Case No.176/2022 registered for the offences punishable under Sections 363 and 366(A)/34 of the Indian Penal Code. He is in custody since 02.06.2022. The petitioner has got no criminal antecedent.

Learned counsel for the petitioner submits that as per the prosecution story, the allegation against the petitioner is of kidnapping of the minor daughter of the informant for the purpose of marriage.

Patna High Court CR. MISC. No.48129 of 2022(2) dt.09-12-2022 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Learned counsel submits that the petitioner is a student and the petitioner as well as the victim girl have developed some friendship and the victim girl is making the statement at this stage under parental pressure. It is submitted that the petitioner is in custody in connection with this case since 02.06.2022 having no criminal antecedent.

Mr. Shailendra Kumar Singh, learned APP for the State is present and has opposed the prayer for regular bail of the petitioner.

Having regard to the facts and circumstances of the case, the submission that the petitioner is a student and the petitioner as well as the victim girl may have developed some friendship and the victim girl is making statement at this stage under parental pressure, the petitioner has remained in custody since 02.06.2022 and has otherwise no criminal antecedent, this Court directs that the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka/Successor Court, Banka in connection with Katoria P.S.

Patna High Court CR. MISC. No.48129 of 2022(2) dt.09-12-2022 3/3 Case No.176/2022, subject to the condition as laid down under Section 437 (3) Cr.P.C.

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take steps for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. This application is allowed.

Certified copy of this order shall be made available only after removal of the defects.

(Rajeev Ranjan Prasad, J) arvind/- U T