Deepak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71213 of 2023 Arising Out of PS. Case No.-428 Year-2023 Thana- PATNA JN RPF/POST District- Patna ====================================================== DEEPAK KUMAR SON OF SUDARSHAN JAMADAR RESIDENTS OF VILLAGE - DANAPUR, POLICE STATION - ISLAMPUR, DISTRICT - NALANDA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar Singh, For the Opposite Party/s :
Mr. Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-03-2024
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with Sessions Trial no.983 of 2023, arising out of Rail P.S. Patna Junction Case no. 428 of 2023 registered under sections 366, 370, 373, 498, 420 and 34 of the Indian Penal Code and section 5 of the Immoral Trafficking Prevention Act.
3. As per the prosecution case, the informant states that on halla being raised by a woman along with a three year old child, the informant approached her. On seeing the police personnel, two persons made an attempt to escape but were chased and caught and they disclosed their names as Karu Lal Dhangarh and Rajendra Patidar. In course of inquiry they further disclosed that they along with others including the petitioner are
Patna High Court CR. MISC. No.71213 of 2023(4) dt.05-03-2024 2/3 involved in sale and purchase of the women.
4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. Except for the confessional statement of a co-accused made before police making unsubstantiated allegations against the petitioner, there is no material against the petitioner. The F.I.R named co-accused namely Karu Lal Dhangarh has been enlarged on bail vide order dated 6.10.2023 passed in Cr. Misc. no.63127 of 2023. The petitioner who has no criminal antecedent, is in custody since 12.7.2023 and 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 allegations in the FIR, the petitioner not having been arrested at the spot, his not having any criminal antecedent, grant of bail to the FIR named coaccused namely Karu Lal Dhangarh, the petitioner having remained in custody for more than 7 months since 12.7.2023 and charge-sheet having been submitted in the case, the petitioner is directed to be enlarged on bail in connection with Sessions Trial no.983 of 2023 (arising out of Rail P.S. Patna Junction Case no. 428 of 2023), on furnishing bail bond of
Patna High Court CR. MISC. No.71213 of 2023(4) dt.05-03-2024 3/3 Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-XI, Patna.
(Partha Sarthy, J) Shiv/- U