Vikram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72532 of 2024 Arising Out of PS. Case No.-121 Year-2024 Thana- CHAUTHAM District- Khagaria ====================================================== Vikram Kumar, aged about 23 years (M), S/o- Late Radho Mahto @ Radhe Mahto, Resident of village- Jawahar Nagar, P.S.- Chautham, DistrictKhagaria. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Chandan Kumar Kashyap, Advocate For the Opposite Party :

Mr. Manoj Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Chautham P.S. Case No. 121 of 2024 dated 03.05.2024 registered for the offences punishable under Sections 363 and 366A of the I.P.C.

3. As per the prosecution case, the petitioner and other co-accused persons are alleged to have kidnapped the minor daughter of the informant.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the main allegation is against the co-accused Sujeet Kumar. The victim in her statement

Patna High Court CR. MISC. No.72532 of 2024(2) dt.03-10-2024 2/3 recorded under Section 161 of the Cr.P.C. before police has stated that she knows the co-accused Sujeet Kumar for last three years and he has also given a mobile phone to her on which she used to talk with him. Her mother also knows about it. On 03.05.2024 at about 4.00 P.M., after study, she of her own sweet will went with the said co-accused Sujeet Kumar on the motorcycle and married in 'Gogri Shiv Mandir' and when she came to know that her mother had lodged the case then they returned to the police station but due to torture made by her parents, she in her statement recorded under Section 164 of the Cr.P.C., named the petitioner, the co-accused Sujeet Kumar and his father Ashok Thakur that they had kidnapped her.

The victim has refused for her internal medical examination by the doctor at Sadar Hospital, Khagaria. The victim was not forced/seduced to have intercourse with any other person. The other co-accused person, Ashok Thakur, has already been granted bail by a Bench of this Court vide Cr. Misc. No. 62219 of 2024 under order dated 18.09.2024. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail application. The petitioner is in custody in this case since 18.07.2024.

5.Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Patna High Court CR. MISC. No.72532 of 2024(2) dt.03-10-2024 3/3

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Khagaria, in connection with Chautham P.S. Case No. 121 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T