Patna High CourtCR. MISC./65022/2023bail granted

Deepak Kumar v. The State Of Bihar

2023-10-12Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65022 of 2023 Arising Out of PS. Case No.-199 Year-2023 Thana- FATEHPUR District- Gaya ====================================================== DEEPAK KUMAR Son of Vijay Prajapat R/o vill - Dharharakala, P.s. - Fatehpur, Distt. - Gaya, Bihar ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kunwar Narayan Jamuar For the Opposite Party/s :

Mr.Rajendra Singh Shastri ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-10-2023 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 Fatehpur P.S. Case No. 199 of 2023 dated 17.3.2023 registered for the offences punishable u/s 366A, 504 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 kidnapped the minor daughter of the informant forcibly.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the

Patna High Court CR. MISC. No.65022 of 2023(2) dt.12-10-2023 2/3 petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel has further submitted that the victim in her statement recorded under Section 164 of the Cr.P.C. has stated that she herself went with Deepak Kumar to Delhi by train but he was apprehended by the police at Mugalsarai. There was love affair between the parties. It has further submitted that the victim was not forced to have illicit intercourse with another person. Learned counsel has further submitted that as per the medical report, the victim girl was major. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 18.3.2023.

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 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, Gaya in connection with Fatehpur P.S. Case No. 199 of 2023.

Patna High Court CR. MISC. No.65022 of 2023(2) dt.12-10-2023 3/3

7. The application stands allowed.

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