Piyus Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80174 of 2024 Arising Out of PS. Case No.-54 Year-2024 Thana- RUDRAPUR District- Madhubani ====================================================== Piyus Kumar, Son of Pramod kumar Yadav, Resident of Village- Kisnipatti, P.S- Phulparas, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Advocate Mr. Gagan Deo Yadav, Advocate Mr. Udeshya Kumar Yadav, Advocate For the State :

Mr. Rana Randhir Singh, APP For the Informant :

Mr. Hriday Narayan Harshit, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 25-02-2025 Heard Mr. Ravi Prakash, learned counsel for the petitioner along with Mr. Gagan Deo Yadav and Mr. Udeshya Kumar Yadav, Mr. Raj Kishor Singh, learned APP for the State and Mr. Hriday Narayan Harshit, learned counsel for the informant.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 363, 366 and 120(B) of the I.P.C.

3. The case of the prosecution is that the daughter of the informant, namely, Shruti Kumari aged about 20 years has gone to ease herself in the night. When she did not return for an hour, she was being searched. The informant came to know

Patna High Court CR. MISC. No.80174 of 2024(3) dt.25-02-2025 2/3 that the petitioner has abducted his daughter.

4. Learned counsel for the petitioner submits that the during course of investigation the victim has given her statement under Section 164 Cr.P.C. wherein she has stated that she was taken forcefully by the petitioner on a bike and from there they went to Bangalore. Though it has been stated by her that she was taken forcefully but in any stretch of imagination it cannot be believed that one man on bike can forcefully take a lady. From perusal of the statement of the victim it also transpires that there is no use of force at the stay of Bangalore. The medical examination of the victim was also conducted and in that medical examination the Doctor has found that no force was used. No sign of sexual assault was there. The petitioner is having no criminal antecedent. The petitioner is in custody since 25.06.2024.

5. Learned APP appearing for the state as well as learned counsel for the informant have vehemently opposed the prayer of regular bail of the petitioner.

6. Having heard learned counsel for the parties and considering the 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

Patna High Court CR. MISC. No.80174 of 2024(3) dt.25-02-2025 3/3 Rudrapur P.S. Case no. 54 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 JMFC, Jhajharpur.

7. Accordingly, the present bail application stand allowed.

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