Prakash Kumar @ Kailash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58156 of 2023 Arising Out of PS. Case No.-66 Year-2023 Thana- KHAGARIA District- Khagaria ====================================================== Prakash Kumar @ Kailash S/O Mohan Sonar @ Madan Sah @ Madan Sonar @ Mohan Sahu Resident Of Village- Jamalpur, P.S-Jamalpur, DistrictDarbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amar Kumar Singh For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for regular bail has been filed by the petitioner instituted for the offence punishable under Sections 363, 371, 380/34 of the Indian Penal Code. As per allegation in the FIR, accused persons including the petitioner came to the house of the informant on 26.12.2022 and stayed there. Next date, he found that his both daughters were missing with accused persons. It is further alleged that they have taken away cash of Rs. 10,000/- and one gold chain. Informant has raised suspicion against the accused persons that they have abducted his minor daughters for immoral trafficking.

Patna High Court CR. MISC. No.58156 of 2023(3) dt.09-10-2023 2/3 Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Statement of the victim girl (Chanda Kumari) was recorded after her recovery u/s 164 Cr.P.C., in which she has categorically stated that firstly, she was married to informant (first husband) and two daughters were born out from her first marriage but informant had left her and thereafter, she performed second marriage with the present petitioner. She has not raised her finger towards the petitioner for any overt act. Presently victim is living in her matrimonial home of second husband and her two daughters of the first wedlock are residing with the informant (first husband). Petitioner has got no criminal antecedent and languishing in judicial custody since 10.06.2023. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM Khagaria in connection with Khagaria (Chitraguptanagar) P.S.

Patna High Court CR. MISC. No.58156 of 2023(3) dt.09-10-2023 3/3 Case No. 66 of 2023.

(Sunil Kumar Panwar, J) sushma/- U