Patna High CourtCR. MISC./50566/2024bail granted

Vivek Kumar @ Vivek Kumar Sharma v. The State Of Bihar

2024-08-05Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50566 of 2024 Arising Out of PS. Case No.-168 Year-2024 Thana- BAHERI District- Darbhanga ====================================================== Vivek Kumar @ Vivek Kumar Sharma S/o- Parmanand Sharma VillageGangdah Ps- Baheri Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nilendu Kumar Choudhary, Adv For the Opposite Party/s :

Mr. rendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-08-2024 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 Baheri P.S. Case No. 168 of 2024 dated 30.05.2024 registered for the offences punishable u/s 366(A)/363 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is alleged to have kidnapped the minor daughter of the informant with the help of the co-accused Shiv Kumar for the purpose of marriage.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. As per the statement of the victim recorded under Section 164 of the Cr.P.C., there was love affair between the

Patna High Court CR. MISC. No.50566 of 2024(2) dt.05-08-2024 2/2 victim girl and the co-accused Shiv Kumar. It is further submitted that the petitioner has no concern with the alleged occurrence. It is further submitted that the victim girl was not forced 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 02.06.2024.

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

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the petitioner and 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, Darbhanga, in connection with Baheri P.S. Case No. 168 of 2024.

7. The application stands allowed.

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