Patna High CourtCR. MISC./63281/2024bail granted

Vikash Kumar v. The State Of Bihar

2024-09-25Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63281 of 2024 Arising Out of PS. Case No.-209 Year-2024 Thana- ADAPUR District- East Champaran ====================================================== Vikash Kumar Son of Kishore Mahto @ Kishori Mahto R/o VillageNakardeyee, P.S.- Nakardeyee, District- East Champaran ... ... Petitioner/s

Versus

The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhannjay Kumar Ii For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-09-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Adapur P.S. Case No. 209 of 2024 dated 24.06.2024 registered for the offence/s punishable u/ss 363, 366A read with section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons in connivance with one another are alleged to have kidnapped the minor daughter of the informant.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that there is love affair between

Patna High Court CR. MISC. No.63281 of 2024(2) dt.25-09-2024 2/2 the petitioner and the victim. The victim in her statement recorded u/s 164 of the Cr.P.C. has stated that she went with the petitioner with her own will. There is nothing on record which shows that the victim was forced or seduced to have illicit intercourse with another person. There is no allegation of sexual assault against the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 26.06.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and stated that the victim is a minor girl.

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 Court concerned, East Champaran, Motihari in connection with Adapur P.S. Case No. 209 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T