Pranav Kumar Verma @ Kishan Verma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58697 of 2022 Arising Out of PS. Case No.-514 Year-2022 Thana- SUPAUL District- Supaul ====================================================== Pranav Kumar Verma @ Kishan Verma S/o Binod Sinha R/V- Ramdutta Patti ward no. 12, P.S.- Distt- Supaul.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sabal Kumar Jha, Advocate For the Opposite Party/s :
Mr. Sunil Kumar Pandey, APP For the Informant : Mr. Nafisuzzoha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-02-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Petitioner seeks bail in a case registered for the offences punishable under Sections 366A, 120B and 34 of the Indian Penal Code.
According to prosecution case, the daughter of the informant was kidnapped by the petitioner and his family members also assisted him in the alleged kidnapping of her daughter.
Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. that the date of occurrence is 26.05.2022 and the
Patna High Court CR. MISC. No.58697 of 2022(2) dt.07-02-2023 2/3 present F.I.R. was lodged on 28.05.2022 i.e. after a delay of 2 days without giving any explanation of the delay. He further submits that the allegation as alleged in the F.I.R. is false and fabricated. He further submits that the victim girl was recovered and her statement was recorded under Section 164 of the Cr.P.C. in which she has particularly stated that her father has fixed her marriage with other person against her wish and she wanted to get marry with the petitioner, so she called the petitioner and went along with the him at her sweet will. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 21.07.2022.
The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Supaul P.S. Case No. 514 of 2022, subject to the following conditions:-
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date
Patna High Court CR. MISC. No.58697 of 2022(2) dt.07-02-2023 3/3 fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Vanisha/- U T