Kundan Kumar @ Kundan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76778 of 2023 Arising Out of PS. Case No.-50 Year-2020 Thana- GORAUL District- Vaishali ====================================================== Kundan Kumar @ Kundan Ram Son Of Lakhindra Ram @ Lakhindra Ray R/O Of Village- Ababkarpur, P.S.- Goraul (Kathara O.P.), District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravish Mishra, Advocate For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Goraul (Kathara O.P.) P.S. case No. 50 of 2020 instituted for the offences under Sections 363, 366(A), 34 of the Indian Penal Code.

3. Prosecution allegation, in short, is that the daughter of the informant went to see Saraswati Puja and did not return. Informant and his family members started searching but they did not succeed. In the next morning, they came to know that her daughter was seen with Chandan Kumar(brother of the petitioner). It is alleged that this petitioner along with other coaccused person kidnapped the daughter of the informant.

Patna High Court CR. MISC. No.76778 of 2023(2) dt.04-12-2023 2/2

4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 26.07.2023 and has no criminal antecedent. The petitioner has falsely been implicated in the present case merely on suspicion as he happens to be the brother of the main accused. Learned counsel for the petitioner submits that general and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner.

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

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Goraul (Kathara O.P.) P.S. case No. 50 of 2020 .

(Rudra Prakash Mishra, J) Alok Verma/- U T