Kundan Paswan @ Kundan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62999 of 2024 Arising Out of PS. Case No.-100 Year-2024 Thana- SAHPUR District- Patna ====================================================== Kundan Paswan @ Kundan Kumar Son of Sri Sohan Paswan R/o VillageManas, P.S.- Akilpur, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Virendra Kumar Ray, Adv.
For the Opposite Party/s :
Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-12-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Shahpur P.S. Case No. 100 of 2024 dated 24.03.2024 registered for the offences punishable under Sections 366, 341, 323, 504, 506 read with Section 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have abducted the daughter of informant for the purpose of marriage.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the possession of the
Patna High Court CR. MISC. No.62999 of 2024(5) dt.16-12-2024 2/3 petitioner. There was love affair between the petitioner and the victim. Learned counsel has further submitted that there is nothing on record which shows that the victim was forced to have illicit relationship with another person. The occurrence took place on 27.02.2024 but the FIR was lodged on 11.03.2024 and there is no explanation for this delay. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 24.03.2024.
5. Learned A.P.P. for the State has opposed the bail petition of the petitioner and submitted that the victim in her statement recorded under Section 164 Cr.P.C. has stated that on 27.02.2024 she went to Danapur School Khagaul Women's College. The petitioner came and said that let's elope and get married, we then move to Pune, Maharashtra. She had been knowning the petitioner since 2020 and she also knew that the petitioner was already married with other lady and in spite of having all information she had left her house with the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned J.M.-Ist,
Patna High Court CR. MISC. No.62999 of 2024(5) dt.16-12-2024 3/3 Danapur in connection with Shahpur P.S. Case No. 100 of 2024.
7. The application stands allowed.
(Chandra Prakash Singh, J) shivam/- U T