Vinay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76332 of 2023 Arising Out of PS. Case No.-1058 Year-2023 Thana- NAWADA District- Nawada ====================================================== Vinay Kumar Son Of Umesh Malakar R/O Village - Shiv Nagar, Near I.T.I., P.S.- Town, Dist.- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajan Divyanshu, Advocate For the Informant :

Mr. Devendra Prasad Singh, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 04-12-2023 Heard learned counsel for the parties.

2. The petitioner is implicated in connection with Nawada Town P.S. Case No. 1058 of 2023 registered for the offence under Sections 363/366A of the Indian Penal Code.

3. The case was instituted on the basis of a complaint filed by the father of the victim in the local police station. The victim was recovered from the house of one of her friends named Arti Kumari and her statement was recorded under Section 164 of the Cr.P.C. It appears from her statement that her father sent her to the house of her maternal

Patna High Court CR. MISC. No.76332 of 2023(3) dt.04-12-2023 2/3 grand-mother about eight months from the incident. She do not wish to stay there but her father forced her to stay at her maternal grand-mother's house. On 7.7.2023, she left the house of her maternal grand-mother and wait to the house of her friend Arti Kumari. Her father recovered her from the house of Arti Kumari but lodged a false complaint against Vinay Kumar who has been implicated in this case as an accused.

4. On perusal of the statement of the victim is prima facie assailant that Vinay Kumar had no role in kidnapping the victim.

5. Considering such aspect of the matter, the petitioner is granted bail.

6. Learned Additional Public Prosecutor has raised no objection, if the bail is granted to the petitioner.

7. In view of such circumstances, the petitioner may be granted bail of Rs. 10,000/- (Ten Thousand) with two sureties of like amount, one of whom must be a local surety, to the satisfaction of the learned Chief Judicial Magistrate, Nawada with further conditions that he must comply with the conditions, namely, he would not persuade or threaten the witnesses and would be present in the court below during trial on all dates.

Patna High Court CR. MISC. No.76332 of 2023(3) dt.04-12-2023 3/3

8. Failure on the part of the petitioner to comply with any of the above directions, will entail the learned court below to cancel the bail without any further order. (Bibek Chaudhuri, J) Guddu/- U T