Patna High CourtCR. MISC./57122/2024bail granted

Arun Kumar v. The State Of Bihar

2024-08-20Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57122 of 2024 Arising Out of PS. Case No.-242 Year-2024 Thana- DIGHA District- Patna ====================================================== Arun kumar, Son of Upendra Ram Village- Bariyarpur, PS- Tariyani, DistShivhar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Jiban Pd Singh, Adv.

For the Opposite Party/s :

Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Digha P.S. Case No. 242 of 2024 dated 21.04.2024 registered for the offences punishable u/ss 363, 365 and 366A of the Indian Penal Code.

3. As per the prosecution case, the petitioner is alleged to have kidnapped the minor daughter of the informant by enticing her.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Learned counsel has further submitted in para 8 and 9 of the bail petition that the victim in her statement recorded under Section 161 of the Cr.P.C. in para 33 of the case diary in which she

Patna High Court CR. MISC. No.57122 of 2024(2) dt.20-08-2024 2/2 did not make any allegation against anyone. She took name of the petitioner without stating any identity. He also submitted that from perusal of the impugned order, the victim has given contrary version in the statement u/s 164 of the Cr.P.C. from the statement of u/s 161 of the Cr.P.C. which creates doubt on the statement of the victim. It is further submitted that the petitioner has no concern with the alleged offence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 06.05.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the victim is a minor girl.

6. 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, Patna in connection with Digha P.S. Case No. 242 of 2024.

7. The application stands allowed.

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