Ashish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51489 of 2022 Arising Out of PS. Case No.-164 Year-2022 Thana- BIHARIGANJ District- Madhepura ====================================================== ASHISH KUMAR Son of Sri. Anil Kumar Mehtar R/V- Mazharpatti, P.SUdakishunganj, Dist- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nanjot Yeshu, Advocate Mr. Alok Kumar Singh, Advocate Mr. Kishan Kumar, Advocate For the Opposite Party/s :

Mr.Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 29-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Bihariganj P.S. Case No. 164 of 2022 registered for the offence under Sections 366A and 34 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 02.07.2022.

The allegation against the petitioner is to kidnap the daughter of informant for the purpose of illicit intercourse. Learned counsel appearing on behalf of the petitioner submitted that petitioner is falsely implicated in the present case, due to local disputes and differences. It is also submitted

Patna High Court CR. MISC. No.51489 of 2022(2) dt.29-09-2022 2/2 that no allegation of kidnapping as well as sexual assault was favoured by victim, while her statement, recorded under Section 164 of the Cr.P.C. It is also submitted that petitioner is a man of clean antecedent. While concluding the argument, it is submitted that investigation of this case has been completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as victim denied the allegations of kidnapping/sexual assault against this petitioner, who is a man of clean antecedent coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Bihariganj P.S. Case No. 164 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Udakishunganj, Madhepura/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) S.Katyayan/- U T