Yuvraj Kishor Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58318 of 2021 Arising Out of PS. Case No.-178 Year-2021 Thana- BANKA District- Banka ====================================================== Yuvraj Kishor Das Son Of Prem Das Resident Of Village - Mukheriya, P.S.- Jagdishpur, District - Bhagalpur.

... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Ashutosh Kumar Ms. Geeta Kumari Jha For the Opposite Party/s :

Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Banka P. S. Case No.178 of 2021, instituted for the offences under Sections 366(A) of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is in custody since 04.05.2021, he is a person with clean antecedent and charge-sheet has been submitted in this case.

The learned counsel for the petitioner further submits that the informant alleges that the victim had left for tuition to Banka on 04.03.2021 at 6.00 A.M. and when she did not return, a search was made, but victim could not be found. On the same

Patna High Court CR. MISC. No.58318 of 2021(2) dt.07-03-2022 2/3 day at 6.30 P.M., the petitioner called and wanted to talk to the victim. Hence, on suspicion, the informant alleges that the petitioner might have kidnapped her minor daughter. The learned counsel for the petitioner submits that from perusal of the allegation as alleged in the F.I.R., it would manifest that the entire allegation is based on suspicion. It is further submitted that the informant deliberately in the F.I.R. has concealed the relationship of the petitioner with the victim. It is submitted that the victim is own cousin sister of the wife of the petitioner, as such, it absolutely does not stand to reason why the brother-in-law would kidnap his own cousin sister-in-law. The learned counsel further submits that the F.I.R. has been instituted after a delay of six day, as such, it appears that the petitioner has been implicated by way of after thought. Though the victim has supported the case in her statement under Section 164 of the Cr.P.C., but has not alleged that she was harmed in any manner.

Learned A.P.P. opposes the bail application.

Considering the fact that the petitioner is in custody, he is a person with clean antecedent, charge-sheet has been submitted in this case and the relationship in the F.I.R. stands concealed, the petitioner, above-named, is directed to be

Patna High Court CR. MISC. No.58318 of 2021(2) dt.07-03-2022 3/3 released on bail on his furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Banka in connection with Banka P. S. Case No.178 of 2021.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T