Patna High CourtCR. MISC./51204/2024bail granted

Prashant Kumar @ Prince Kumar v. The State Of Bihar

2024-08-27Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51204 of 2024 Arising Out of PS. Case No.-36 Year-2024 Thana- Pahelja P.S. District- Saran ====================================================== Prashant Kumar @ Prince Kumar Son of Madhusudan Prasad Gupta @ Madhusudan Prasad Resident of - Rahimpur, P.S.- Sonpur, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bipin Bihari Singh, Adv.

For the Opposite Party/s :

Mr. Umanath Mishra, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. Learned counsel for the petitioner has filed the second supplementary affidavit on behalf of the petitioner in course of the day.

3. The petitioner has preferred this application for grant of regular bail in connection with Pahlega P.S. Case No. 36 of 2024 dated 24.04.2024 registered for the offences punishable u/ss 363 and 366A of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused person are alleged to have kidnapped the minor sister-in-law of the informant by enticing her.

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The name of the petitioner has surfaced in this case

Patna High Court CR. MISC. No.51204 of 2024(4) dt.27-08-2024 2/2 merely on suspicion. The victim in her statement recorded under Section 164 of the Cr.P.C. has stated that the petitioner has no conern with the alleged offence rather the specific allegation is against the co-accused, Dharmveer Kumar @ Suraj Kumar who had established sexual relationship with her. The petitioner has clean antecedent as stated in para 3 of the supplementary affidavit filed on behalf of the petitioner. The petitioner is in custody since 05.05.2024.

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, Saran in connection with Pahleja P.S. Case No. 36 of 2024.

8. The application stands allowed.

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