Dilkhush Kumar @ Dilkhus Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64308 of 2024 Arising Out of PS. Case No.-24 Year-2024 Thana- BANNUBAGICHA District- Lakhisarai ====================================================== Dilkhush Kumar @ Dilkhus Kumar Son of Dinesh Yadav Resident of Village - Sangrampur, P.S.- Chanan, District - Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailesh Anand, Adv For the Opposite Party/s :

Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-10-2024 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 Bannubagicha P.S. Case No. 24 of 2024 dated 07.04.2024 registered for the offences punishable u/s 366A read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is alleged to have kidnapped the minor daughter of the informant with the assistance of the co-accused for the purpose of marriage.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.64308 of 2024(3) dt.18-10-2024 2/3 this case. As per the statement of victim under Section 164 and 161 of the Cr.P.C. the victim went to visit Shringirishi Dham and while returning she took a lift from the pickup van in which the petitioner was sitting but the driver of the said pickup van and the petitioner denied to give lift to the victim. It is further submitted that there is nothing on record showing that the victim was forced to have illicit intercourse with another person. There is no specific allegation against the petitioner. It is further submitted that as per the report no sings of injury was found over external or internal part of the victim. There is general and omnibus allegation against the petitioner. Similar situated coaccused has already been granted bail by this Court vide order 08.07.2024 passed in Cr. Misc. No. 43678 of 2024. The petitioner has clean antecedent as stated in para 3 of the bail petition. As per the impugned order dated 29.07.2024 the petitioner is in custody since 18.04.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the petitioner and the period of custody the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of

Patna High Court CR. MISC. No.64308 of 2024(3) dt.18-10-2024 3/3 Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Lakhisarai, in connection with Bannubagicha P.S. Case No. 24 of 2024, with a condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

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