Patna High CourtCR. MISC./67886/2023disposed

Santosh Kumar v. The State Of Bihar

2023-10-18Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67886 of 2023 Arising Out of PS. Case No.-417 Year-2023 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== SANTOSH KUMAR SON OF SRI CHANDRADEO YADAV @ CHANO YADAV VILLAGE- KAITHMA, PS- MUFFASIL, DISTT- BEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Randhir Kumar No.1 For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 18-10-2023 Heard the learned counsel for the petitioner and learned APP for the State.

2. Let the defect(s), if any, be removed within a period of four weeks from today.

3. The petitioner seeks bail in connection with Begusarai Muffasil P.S. Case No. 417 of 2023 registered for the offence under Sections 363, 366(A) of the Indian Penal Code.

4. The allegation against the petitioner is that he has kidnapped a minor girl.

5. Learned counsel for the petitioner submits that the victim has said in her statement recorded under Section 161 and 164 of the Cr.P.C. that she had left her house herself and the petitioner had not kidnapped her.

Patna High Court CR. MISC. No.67886 of 2023(2) dt.18-10-2023 2/2

6. Learned counsel for the petitioner also submits that the petitioner is in custody since 20.07.2023.

7. Learned A.P.P. has vehemently opposed the prayer for bail.

8. Considering the aforesaid facts, this application is disposed of with a direction to the Court below to verify the fact as has been mentioned above about the statement of the victim girl. If the girl has said that she was no kidnapped by the petitioner and she had left her house on her own then the petitioner shall 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 the learned CJM, Begusarai in connection with Begusarai Muffasil P.S. Case No. 417 of 2023 and if the victim girl does not support the statement, as mentioned above then the petitioner shall not be released on bail.

9. With the aforesaid directions, this application is disposed of.

(Sandeep Kumar, J) Vikas/- U T