Prashant Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31229 of 2015 Arising Out of PS.Case No. -84 Year- 2014 Thana -CHAUTHAM District- KHAGARIA ======================================================
1. Prashant Kumar Son of Satya Narayan Singh Resident of Village Orlaha, Police Station Barhara Kothi, District Purnea. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Viveka Nandsingh For the Opposite Party/s : Mr. Abhay Kumar 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 28-08-2015 Heard learned counsel for petitioner and learned Additional Public Prosecutor for the State. Petitioner is languishing in jail custody since 0705-2015 in a case registered under Sections-366, 365, 120B/34 of the Indian Penal Code.
The statement of the victim was recorded u/S 164 of the Code of Criminal Procedure, in which, she specifically, stated that she was kidnapped by petitioner and two others and after that, she was taken to Punjab, where the petitioner dropped her at the house of co-accused, Fantus and, furthermore, she stated that when she pressurized coaccused, Fantus, she was brought to Bihariganj and from there, she was taken to Raghubanshnagar Police Station
Patna High Court Cr.Misc. No.31229 of 2015 (3) dt.28-08-2015 2/2 by the petitioner, however, the victim stated that this petitioner had established physical relation with her. Learned counsel, appearing for petitioner points out that according to the first information report itself, the victim was in love with co-accused, Shankar Thakur and as a matter of fact, she eloped with aforesaid Shankar Thakur who has already been granted privilege of bail. Considering the facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Chautham P.S. Case No. 84 of 2014 to the satisfaction of Sri Ankur Gupta, J.M. Ist Class, Khagaria.
(Hemant Kumar Srivastava, J) A.K.V./- U T