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Patna High CourtCR. MISC./75902/2023bail granted

Monu Kumar @ Satyadev Kumar v. The State Of Bihar

2024-04-09Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75902 of 2023 Arising Out of PS. Case No.-627 Year-2022 Thana- KHARHAGPUR District- Munger ====================================================== Monu Kumar @ Satyadev Kumar Son Of Indradeo Yadav Resident Of Village - Gobadda, P.S. - Shampur O.P. (HAVELI Kharagpur), District - Munger ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Kumar Kamal Nayan, Advocate For the Opposite Party :

Mr.Dashrath Mehta, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-04-2024 Heard learned counsel for the petitioner and the State.

2. The petitioner apprehends arrest in a case registered for the offence punishable under sections 366A/34 of the Indian Penal Code.

3. As per the prosecution case, petitioner kidnapped daughter of the informant.

4. Learned counsel appearing for the petitioner submits that the parties are next door neighbourers. Informant is muscle man and earlier he had assaulted the petitioner and his family members for which petitioner's side had lodged Kharagpur Police Station Case No. 620 of 2022 against the informant side and in retaliation this case has been lodged. F.I.R. has been lodged after inordinate delay of 12 days without any explanation which renders the entire prosecution case doubtful. Moreover, informant's daughter herself fled away with

Patna High Court CR. MISC. No.75902 of 2023(4) dt.09-04-2024 2/2 someone but due to previous enmity, taking advantage of the incident, petitioner has falsely been implicated in this case. Petitioner claims clean antecedent.

5. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate II, Munger in Kharagpur (Shampur OP) Police Station Case No. 627/2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T