Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54405 of 2022 Arising Out of PS. Case No.-160 Year-2022 Thana- HASPURA District- Aurangabad ====================================================== Pappu Kumar, Son of Rajnandan Paswan, Resident of Village -Ahiyapur Tole, Jham Bigha, P.S.- Haspura, Distt.- Aurangabad (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr.Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 10-01-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Haspura P.S. Case No.160 of 2022 registered for the offence punishable under Section 366(A)/506/504/34 of the Indian Penal Code. The informant has alleged that his grand-daughter has been kidnapped by the petitioner.

The learned counsel for the petitioner refers to copy of the deposition of the victim (Annexure 2), wherein she claimed to be a major. The copy of the Aadhar card of the victim also shows that on the date of alleged occurrence, she was a major. The substance of deposition belies the prosecution case. Petitioner has no antecedents and is in custody since 10.06.2022.

Learned APP for the State has opposed the prayer for

Patna High Court CR. MISC. No.54405 of 2022(2) dt.10-01-2023 2/2 bail. It is submitted that the petitioner is a named accused. Considering the rival submissions, the substance of victim deposition and her age, as per Aadhar card, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Daudnagar, Aurangabad, in connection with Haspura P.S. Case No.160 of 2022, subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) PNM U T