Awadhesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69510 of 2024 Arising Out of PS. Case No.-57 Year-2024 Thana- MANSURCHAK District- Begusarai ====================================================== Awadhesh Kumar S/o Anmol Choudh14ary R/o Village- Ahiyapur Bajopur, Govindpur, Ps- Mansurchak, District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sabal Kumar Jha For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 29-01-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in Mansurchak P.S. Case No. 57 of 2024 registered for the offence punishable under Sections-363 and 365 of the Indian Penal Code.

3. It is alleged that the son of the informant went out of his house for the purpose of repairing mobile set but he did not return. In the next morning, a call was made on the mobile of the husband of the informant from mobile no. 9608051681 informing that the son of the informant was in the room with one another person. The informant suspected that any mis-happening might have been occurred.

4. Learned counsel for the petitioner has submitted that the investigating authorities contacted Kundan Kumar on his mobile phone. The statement of Kundan Kumar has been recorded in Paragraph no. 9 of the case diary. From perusal of Statement of Kundan Kumar, it appears that he apprised the investigating authorities to the effect that an altercation took place between the petitioner and the alleged victim Santosh Kumar. The statement of

Patna High Court CR. MISC. No.69510 of 2024(3) dt.29-01-2025 2/2 said Santosh Kumar was recorded under Section 161 of the CrPC in which he stated that on the order of one Kajal Kumari, the petitioner captivated the victim. He has further submitted that coaccused Kajal Kumari has been granted bail by this Court in Cr. Misc. No. 60663 of 2024. He has also submitted that co-accused Kajal Kumari is sister of the victim and the alleged victim had suspicion that the petitioner and co-accused Kajal Kumari had some relations and due to this suspicion, he has falsely implicated the petitioner in this case. The petitioner is under custody since 05.06.2024.

5. On the other hand, the learned APP for the State has opposed the prayer for bail.

6. Considering the aforesaid facts and circumstances , let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M-1st, Begusarai in connection with Mansurchak P.S. Case No. 57 of 2024,subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) Nirmal/- U T