Patna High CourtCR. MISC./58232/2023bail granted

Sabish Kumar @ Tuntun Kumar v. The State Of Bihar

2023-09-01Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58232 of 2023 Arising Out of PS. Case No.-361 Year-2023 Thana- KAUWAKOL District- Nawada ====================================================== SABISH KUMAR @ TUNTUN KUMAR, Son of Dwarika Thakur R/o vill - Madhurapur, P.s. - Kawakole, Distt. - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 01-09-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks.

2. Heard learned counsel for the petitioner and learned A.P.P for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Kawakole P.S. Case No. 361 of 2023 dated 15.06.2023 registered for the offences punishable u/ss 341, 323, 366A, 504, 506 read with Section 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have kidnapped the minor daughter of the informant by enticing her for the purpose of marriage.

Patna High Court CR. MISC. No.58232 of 2023(2) dt.01-09-2023 2/2

5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There was love affair between the victim and the petitioner. The victim in her statement recorded under Section 164 of Cr.P.C. has stated that the petitioner has solemnized marriage with her. It is further submitted that there is no material on record which shows that the victim was forced to have illicit intercourse with another person. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 20.06.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. 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, Nawada in connection with Kawakole P.S. Case No. 361 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U