Kundan Jha @ Aatish Kumar Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18722 of 2018 Arising Out of PS.Case No. -25 Year- 2018 Thana -BAHADURGANJ District- KISANGANJ ======================================================
1. Kundan Jha @ Aatish Kumar Jha, Son of Suryanand Jha @ Bechanand Jha, Resident of Hajitola Bhauradah, P.S. Bahadurganj, DistrictKishanganj. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pravin Kumar Sinha, Advocate For the Opposite Party/s : Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 04-04-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is languishing in custody for the offences punishable under Sections 363/366 of the Indian Penal Code.
Allegation against the petitioner is that he kidnapped to the minor daughter of the informant. The victim in her statement, under Section 164 Cr.P.C., has not alleged any kidnapping by anyone; rather has stated that she had voluntarily gone from her house. She further expressed her desire to go with her mother and accordingly went along with her mother.
Learned counsel for the informant opposed the
Patna High Court Cr.Misc. No.18722 of 2018 (2) dt.04-04-2018 P2/ prayer on the ground that subsequently protest petition has been filed wherein the victim has supported the allegation of kidnapping.
Considering the conflicting statement of the victim there is no reason to further detain the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Bahadurganj P.S. Case No.25 of 2018, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(Birendra Kumar, J) Mkr./- U T