Santosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42989 of 2017 Arising Out of PS.Case No. -248 Year- 2017 Thana -MASAURHI District- PATNA ====================================================== Santosh Kumar, S/o Murari Prasad Gupta, R/o Village- Khijar Sarai, P.S.- Khijar Sarai, District- Gaya.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Raj Kishor Prasad For the Opposite Party : Mr. Sri Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-09-2017 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is languishing in custody since 16.07.2017 in a case for the offence registered under Section 366(A) of the IPC.
The prosecution story, in brief, is that the petitioner and his brother Sandeep Anand kidnapped the daughter of the informant namely, Sandhya Kumari.
It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to mistake of fact. The victim has been examined under
Patna High Court Cr.Misc. No.42989 of 2017 (2) dt.20-09-2017 2/2 Section 164 Cr. P.C. in which she has not made any allegation in respect to sexual or physical abuse against the petitioner. On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Masaurhi, Patna in connection with Masaurhi P.S. Case No. 248/2017.
U.K./- (Sudhir Singh, J) U T