Patna High CourtCR. MISC./69301/2023bail granted

Putul Kumar v. The State Of Bihar

2023-12-20Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69301 of 2023 Arising Out of PS. Case No.-201 Year-2023 Thana- KHAIRA District- Saran ====================================================== Putul Kumar Son Of Madan Mahto Resident of Village - Fardpura, Police Station - Khaira, District - Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Avnish Kumar Singh, Advocate For the Opposite Party/s :

Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-12-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Khaira P.S. Case No. 201 of 2023 registered under sections 363 and 366A of the Indian Penal Code.

3. As per prosecution case, the informant states that her 15 year old minor daughter who went out to ease herself did not return. She was kidnapped by the petitioner for the purpose of marriage.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The daughter of the informant returned and in her statement recorded under section 164 Cr.P.C she has not supported the prosecution case.

Patna High Court CR. MISC. No.69301 of 2023(3) dt.20-12-2023 2/2 There is an inordinate delay of nine days in lodging of the F.I.R and the petitioner is in custody since 18.7.2023. The victim refused to undergo medical examination. Charge-sheet has been submitted in the case.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the material that has transpired against the petitioner in course of investigation, the contents of the statement of the victim recorded under section 164 Cr.P.C, delay in lodging of the F.I.R, the petitioner having remained in custody for more than 5 months since 18.7.2023 and chargesheet having been submitted in the case. The petitioner is directed to be enlarged on bail in connection with Khaira P.S. Case No. 201 of 2023, on furnishing bail bond of Rs. 10,000- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Saran at Chapra.

(Partha Sarthy, J) Harsh/- U