Patna High CourtCR. MISC./70552/2024bail granted

Golu Kumar @ Pratap Kumar v. The State Of Bihar

2024-11-20Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70552 of 2024 Arising Out of PS. Case No.-246 Year-2024 Thana- DANAPUR District- Patna ====================================================== Golu Kumar @ Pratap Kumar Son of Shri Ram Layuk Ram R/O-VillageSemara, P.S.- Barhara, District- Bhojpur (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hari Tripathi, Adv.

For the Opposite Party/s :

Mr.Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-11-2024 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. Learned counsel for the petitioner prays for and is allowed to make necessary correction in Para-14 of the bail petition in course of the day.

3. The petitioner seeks bail in connection with Danapur P.S. Case No. 246 of 2024 instituted for the offences under Sections 363, 365, 366(A) and 34 of the Indian Penal Code.

4. As per prosecution case, the accusation against the petitioner is of kidnapping the minor daughter of the Informant.

Patna High Court CR. MISC. No.70552 of 2024(3) dt.20-11-2024 2/3

5. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. He further submits that the petitioner was having love affairs with the victim and, on the alleged day of occurrence, both the petitioner and the victim eloped from their house as per their own sweet will. The victim girl has been recovered and in her statement made under Section 164 Cr.P.C., she has specifically stated that she eloped with the petitioner and got married with him in a Ludhiyana Temple and she wanted to live with her husband. At present, the victim is also residing at her Sasural/Matrimonial House and is satisfied. The petitioner has no criminal antecedent and is languishing in judicial custody since 18.03.2024 without any rhymes or reason.

6. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case

Patna High Court CR. MISC. No.70552 of 2024(3) dt.20-11-2024 3/3 and the statement of the victim girl made under Section 164 Cr.P.C., let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Danapur P.S. Case No. 246 of 2024.

(Rudra Prakash Mishra, J) rishi/- U T