Patna High CourtCR. MISC./58495/2019bail granted

Santosh Kumar v. The State Of Bihar Through The Director General Of Police, Government Of Bihar

2019-09-26Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58495 of 2019 Arising Out of PS. Case No.-69 Year-2019 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== SANTOSH KUMAR S/O Hukumdeo Yadav @ Hukdeo Yadav R/O VillageLaxmipur Atihar, P.S.- Sadar, District- Madhubani. ... ... Petitioner/s

Versus

The State Of Bihar Through The Director General Of Police, Government Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Shankar Ganguli For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-09-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence punishable under Section 366A of the Indian Penal Code.

Allegation is of kidnapping of the minor daughter of the informant.

Submission is that in the first statement, recorded under Section 164 Cr.P.C., one of the victims stated that she had love affairs with the petitioner and she has married with the petitioner. Thereafter, under pressure of the parents she changed her statement in the second statement.

Patna High Court CR. MISC. No.58495 of 2019(2) dt.26-09-2019 2/2 Learned counsel for the informant opposed the prayer for bail on the ground that on the date of occurrence the victim was a minor.

Since a minor is competent witness and the victim has not alleged anything against the petitioner in the first statement and stated that she has voluntarily married with the petitioner, 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 Courtbelow where the case is pending in connection with Darbhanga Sadar P.S. Case No.69 of 2019, with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall 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