Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66717 of 2021 Arising Out of PS. Case No.-155 Year-2021 Thana- AWTARNAGAR District- Saran ====================================================== BITTU KUMAR Son of Daroga Rai Resident of Village- Chhotami, P.s.- Awatar Nagar, Distt.- Saran at Chapra.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dewendra Narayan Singh For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

18-04-2022 Heard learned counsel for the parties.

The petitioner seeks bail in Awtarnagar P.S. Case No. 155 of 2021 registered for the offence under Section 363/366A/34 of the Indian Penal Code.

As per the prosecution case, on 05.06.2021, this petitioner alongwith other F.I.R. named accused persons kidnapped the minor daughter of the informant and one Annu Kumari, for which, separate case was lodged.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence and he has been falsely implicated by the informant. To this effect, Annexure - 6 has been brought on record, which is statement of the victim girl recorded under Section 164 Cr.P.C. in Awtarnagar P.S.Case No. 173 of 2021, wherein she has clearly stated that no

Patna High Court CR. MISC. No.66717 of 2021(3) dt.18-04-2022 2/2 one has kidnapped her and she voluntarily went with this petitioner. It has been further stated that she does not want to go with her parents and wants to marry with petitioner and she also discloses her age to be 18 years. Petitioner is in custody since 09.07.2021.

Learned A.P.P. for the State has opposed the bail petition.

Considering the statement of the victim recorded under Section 164 Cr.P.C. in Awtarnagar P.S.Case No. 173 of 2021 coupled with the fact that petitioner is in custody since 09.07.2021 and investigation of the case has been completed, the prayer for bail of petitioner is allowed. Let the above named petitioner 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 J.M. 1st Class, Saran at Chapra in connection with Awatar Nagar P.S. Case No. 155 of 2021.

(Prabhat Kumar Singh, J) anay/- U T