Prakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2323 of 2021 Arising Out of PS. Case No.-39 Year-2020 Thana- PARSAUNI District- Sitamarhi ====================================================== Prakash Kumar Son of Late Ramchandra Mahto, Resident of Village - Pipra Ghat, Ward No. 8, P.S. - Kanahauli, District - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-03-2021 Learned counsel for the petitioner has filed supplementary affidavit. Let it be kept on record. Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 363, 366A of the Indian Penal Code.

Prosecution case in brief is that the informant stated that his daughter is missing from his house since 03.06.2020 who after preparing the food left but could not return. She was searched by the informant but no trace came out. He was informed by someone at Gishara Bazar that Angaj Kumar informed that Raju took her away from the purpose of marriage

Patna High Court CR. MISC. No.2323 of 2021(2) dt.12-03-2021 2/2 and he provided the mobile of Raju and the informant also received mobile call from a mobile as disclosed in the FIR. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that by way of supplementary affidavit, the statement recorded under Section 164 Cr.P.C. in which she has admitted that she eloped with the petitioner and married with him. The victim age is 17 years old assessed by the court below. The petitioner is languishing in judicial custody since 06.07.2020. The petitioner has got no criminal antecedent which is mentioned in para 3 of the bail petition.

Learned APP for the State opposes the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Parsauni P.S. Case No. 39/2020 to the satisfaction of learned Court below where the case is pending. (Anjani Kumar Sharan, J) amitkumar/- U T