Deepak Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76616 of 2024 Arising Out of PS. Case No.-43 Year-2024 Thana- RAIYAM District- Darbhanga ====================================================== Deepak Kumar Das S/O Bishun Das @ Bishnu Das R/O Village- Baliya Navtoli, P.S- Sakri, Distt- Madhubani.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Sukesh Kumar Jha S/O Ganpati Jha R/O Village- Chacha, P.S- Raiyam, Distt.- Darbhanga.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Ranjan, Advocate For the Opposite Party/s :

Mr.Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 20-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 363 and 366(A) of the Indian Penal Code.

3. The case of the prosecution is that sister of the informant who is minor aged about 14 years went out from the house with certain articles.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that during the course of investigation, victim was recovered and

Patna High Court CR. MISC. No.76616 of 2024(5) dt.20-02-2025 2/2 her statement was recorded under Section 161 of the Cr.P.C in which she has stated that she has gone on her own sweet will with the petitioner to Gorakhpur where they lived in a room whereas in her statement recorded under Section 161 of the Cr.P.C. she has stated that the petitioner had forcibly taken her on a bike. There is much contradictions between the statement recorded under Section 161 of the Cr.P.C and 164 of the Cr.P.C. Moreover, the petitioner is languishing in judicial custody since 21.06.2024 having no criminal antecedent.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Raiyam P.S. Case No. 43 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga.

(Ashok Kumar Pandey, J) Jagdish/- U T