Ankit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16023 of 2018 Arising Out of PS.Case No. -179 Year- 2016 Thana -JANDAHA District- VAISHALI(HAJIPUR) ======================================================

1. Ankit Kumar S/o Shri Manoj Chaudhary, R/o Village- Rampur Chaklala, P.O. & P.S.- Jandaha, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Navesh Nandan, Advocate Mr. Prakritita Sharma, Advocate For the Opposite Party/s : Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 08-05-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 363/366A/34 of the Indian Penal Code.

The FIR was lodged on 10.11.2016 for the occurrence dated 05.10.2016 alleging therein that the FIR named accused including the petitioner kidnapped to the daughter of the informant.

Learned counsel for the petitioner submits that there is no explanation for the delayed information to the police. The co-villagers have stated before the police, which would be evident from the case-diary, that the victim has eloped one and

Patna High Court Cr.Misc. No.16023 of 2018 (3) dt.08-05-2018 P/2 half months prior to the alleged date of occurrence. He further submits that the petitioner is in custody since 09.10.2017 and similarly situated co-accused Ujjwal Kumar has been allowed bail by a coordinate Bench of this Court in Cr. Misc. No.12343 of 2018.

Learned counsel for the informant opposed the prayer on the ground that the victim in her statement under Section 164 Cr.P.C. has alleged kidnapping by the petitioner and coaccused Ujjwal Kumar along with others. He further stated that the kidnappers took her to Delhi and they were attempting to sell her.

Learned counsel for the petitioner submits that under pressure of the parents the victim has given her statement under Section 164 Cr.P.C.; rather the matter appears of loveaffairs. Considering the aforesaid fact especially grant of bail to similarly situated co-accused by a coordinate Bench of this Court, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Jandaha P.S. Case No.179 of 2016, with condition that the petitioner shall

Patna High Court Cr.Misc. No.16023 of 2018 (3) dt.08-05-2018 P/3 fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T