Patna High CourtCR. MISC./64837/2024bail granted

Chandrama Kumar v. The State Of Bihar

2024-10-05Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64837 of 2024 Arising Out of PS. Case No.-113 Year-2024 Thana- AMBA District- Aurangabad ====================================================== Chandrama Kumar Son of Shivpujan Paswan Resident of Village-Bhulwadi kala, P.S.- Amba, Distt.- Aurangabad (Bihar) ... ... Petitioner/s

Versus

The State of Bihar Bihar 2.

Sunita Devi Wife of Rajesh Chaudhary Resident of Village-Karamdih,P.O. Sighna, P.S.- Amba, Distt.- Aurangabad (Bihar) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Aman Vishal For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-10-2024 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 Amba P.S. Case No. 113 of 2024 dated 02.06.2024 registered for the offences punishable u/s 365 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is 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. There is a delay of five days in lodging the FIR. There was love affair between the petitioner and the victim. The victim in her statement recorded u/s 164 of the Cr.P.C. has stated that she went

Patna High Court CR. MISC. No.64837 of 2024(3) dt.05-10-2024 2/2 with the petitioner to Orissa and solemnized marriage with him in a temple. There is nothing on record showing that the victim was forced or seduced to have illicit intercourse with another person. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 08.07.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting 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 above-named, 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, Aurangabad in connection with Amba P.S. Case No. 113 of 2024, with the following 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) guddukr/- U T