Prakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59453 of 2024 Arising Out of PS. Case No.-21 Year-2024 Thana- PURNAHYA District- Sheohar ====================================================== Prakash Kumar Son of Vijay Thakur R/O Vill.- Dostiya, P.S.- Purnahiya, Dist.- Sheohar.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Upendra Sah Son of Late Visun Sah R/O Vill.- Khaira Pahari, P.S.- Purnahiya, Dist.- Sheohar.

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

For the Petitioner/s :

Mr.Dinesh Jha For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 28-08-2024 Heard learned counsel for the petitioner as well as learned APP for the State.

2. In this case, the petitioner is seeking regular bail in connection with Purnahiya P.S. Case No. 21 of 2024, registered for the offences punishable under Sections 363, 366(A), 34 of the IPC and Section 4 of the POCSO Act.

3. As per allegation, the daughter of the informant went out of her house but she didn't return. The informant started searching for his daughter and came to know that the petitioner along with other accused persons named in the FIR had kidnapped his daughter, with an intention to marry her.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been

Patna High Court CR. MISC. No.59453 of 2024(2) dt.28-08-2024 2/2 implicated in this case. He is a person of clean antecedent. He has submitted further that the victim did not support the prosecution case in her statement under Section 164 of the Cr.P.C. He has also submitted that when the informant came to know the real fact, he filed an application before the S.D.J.M., Sheohar stating therein that his daughter went out of his house in anger. The accused persons have no role in fleeing away of his daughter. The petitioner is under custody since 09.07.2024.

5. Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-1-cum-Special Judge, Sheohar in connection with Purnahiya P.S. Case No. 21 of 2024, subject to the following condition:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) kundan/- U T