Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60629 of 2024 Arising Out of PS. Case No.-100 Year-2024 Thana- AGIAON District- Bhojpur ====================================================== Abhishek Kumar S/o- Late Vinod Singh R/o Village- Barap, P.S. Agiaon (G), District Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Diwakar, Advocate For the Opposite Party/s :

Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-11-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Agiaon (G) P.S. Case No. 100 of 2024 instituted for the offence under Sections 363 & 366A of the Indian Penal Code. 3.

Prosecution case in a nutshell is that petitioner eloped the daughter of the informant.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 17-06-2024. Petitioner is a man of clean antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. It is submitted that there is no ingredient of Section 366A

Patna High Court CR. MISC. No.60629 of 2024(3) dt.14-11-2024 2/2 of the IPC against the petitioner even from perusal of the statement of the victim recorded under Section 164 of the Cr.P.C. Learned counsel next submits that victim has refused for her medical examination. Victim girl left her house at her own volition and the petitioner has no concern with the alleged occurrence. There is no independent witness to the occurrence. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Referring to paragraph Nos. 4, 5, 6 & 7 of the case diary, it is submitted that prosecution witness have supported the case. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and clean antecedent of the petitioner, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Agiaon (G) P.S. Case No. 100 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T