Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71344 of 2022 Arising Out of PS. Case No.-272 Year-2022 Thana- KAUWAKOL District- Nawada ====================================================== Kundan Kumar S/O Sanjay Chauhan R/O Village- Pali, P.S.- Kawakol, DisttNawada. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Verma For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Section 366(A) of the Indian Penal Code.

The prosecution case in nutshell is that daughter of the informant fled away from her house. On search, informant came to know that petitioner took away her daughter with him. When he went to the house of petitioner and asked for his daughter, parents of the petitioner hurled abuses and tried to assault him.

Patna High Court CR. MISC. No.71344 of 2022(2) dt.13-03-2023 2/3 It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. There is an inordinate delay of 12 days in lodging the F.I.R. The victim girl in her statement, recorded under Section 164 of Cr.P.C., has not whispered about the complicity of petitioner in her abduction. She has stated that she went to Mumbai out of her own sweet will and she is in love affair with the petitioner. She wants to solemnize marriage with him. Moreover, the petitioner is languishing in judicial custody since 31.05.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named

Patna High Court CR. MISC. No.71344 of 2022(2) dt.13-03-2023 3/3 petitioner is directed to be enlarged on bail in connection with Kawakol P.S. Case No. 272 of 2022 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 A.C.J.M. IV, Nawada.

(Sunil Kumar Panwar, J) nirajkrs/- U T