Vishal Kumar @ Vishal Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69873 of 2021 Arising Out of PS. Case No.-162 Year-2021 Thana- KASBA District- Purnia ====================================================== VISHAL KUMAR @ VISHAL SAH Son of Bishnu Prasad Sah Resident of Village- Hathi Mandir Madarghat, P.S.- Kasba, District- Purnea. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ram Prawesh Kumar For the Opposite Party/s :
Mr.Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-04-2022 Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in a case registered for the offences under Sections 363, 366A/34 of the Indian Penal Code. The learned counsel for the petitioner submits that the petitioner is in custody since 27.07.2021, he is a person with clean antecedent, charge-sheet has been submitted and the informant alleges that his daughter had left for coaching but did not return, during search the informant came to know that she was seen going with the petitioner on a motorcycle towards Araria and when informant went to the house of the petitioner his parents abused him, thus alleges that the petitioner in connivance with his parents kidnapped his daughter. The learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.69873 of 2021(2) dt.26-04-2022 2/2 petitioner has been falsely been implicated in the present case and the victim has come back and her statement was recorded under Section 164 of the Cr.P.C. wherein she has disclosed her age as 18 years and has not supported the prosecution case as is evident from Annexure-2 to the bail application. The learned A.P.P. vehemently opposes the bail application.
Considering the fact that petitioner is in custody since 27.07.2021, he is a person with clean antecedent, charge-sheet has been submitted and the victim has not supported the prosecution case, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs.2,000/- (Rupees Two Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Kasba P.S. Case No. 162 of 2021.
The application stands allowed.
(Satyavrat Verma, J) sanjeev/- U T