Gulshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5976 of 2021 Arising Out of PS. Case No.-243 Year-2020 Thana- BODHGAYA District- Gaya ====================================================== GULSHAN KUMAR SON OF AJAY YADAV RESIDENT OF VILLAGE - BHUSIYA, P.S - CHARKI, DISTRICT - GAYA ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sharda Nand Mishra For the Opposite Party/s :

Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-04-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Section 366A of the Indian Penal Code.

The petitioner is said to have kidnapped the informant's daughter with the help of his family members by giving allurement with the intention to solemnize marriage with her.

Patna High Court CR. MISC. No.5976 of 2021(2) dt.15-04-2021 2/2 It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case due to dirty village politics. It is further submitted that from perusal of the medical report, it appears that the victim has completed 18 yeas of age, hence this is not a case of 366 A of IPC. The victim girl in her statement made under Section 164 Cr.P.C. has stated that he was in courtship with the petitioner. The petitioner has no criminal antecedent and has been languishing in custody since 14.07.2020.

Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five 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 Bodh Gaya P.S. Case No.243 of 2020.

(Anjani Kumar Sharan, J) Trivedi/- U T