Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79357 of 2023 Arising Out of PS. Case No.-825 Year-2023 Thana- KHAJANCHI HAT District- Purnia ====================================================== Rahul Kumar S/O Binod Kumar Sah @ Binod Kumar R/O Maghi Colony, Chhath Pokhar, Neva Lal Chowk, P.S- K-Hat (SAHAYAK), Distt.- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar Agrawal For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 363, 370(A) of the Indian Penal Code. It is a case of commission of kidnapping of the minor daughter of the informant.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. For the alleged occurrence of 02.07.2023, the F.I.R was registered on 10.07.2023 without explaining the delay. The victim in her 164

Patna High Court CR. MISC. No.79357 of 2023(3) dt.15-01-2024 2/2 Cr.P.C statement has also not alleged any sexual assault or trafficking against the petitioner. The petitioner is languishing in custody since 13.09.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea in connection with K-Hat (Sahayak) P.S. Case No. 825 of 2023.

(Sunil Kumar Panwar, J) Shageer/- U T