Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84332 of 2024 Arising Out of PS. Case No.-8 Year-2024 Thana- Maghopur District- Gopalganj ====================================================== Manish Kumar Son of Sri Upendra Yadav Resident of Village - Mahammadpur, Pakwa Inar, P.S. - Madhopur, District - Gopalganj ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Niru Devi Wife of Om Parvesh Yadav Resident of Village - Belsand, Baluwa Tola, P.S. - Madhopur, District - Gopalganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dharmveer, Advocate For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, APP For the Informant :

Mr. Akshay Ashish, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-02-2025 Heard learned counsel for the petitioner and learned APP for the State as also learned counsel for the informant. Perused the case diary.

2.

The petitioner seeks bail in connection with Madhopur P.S. Case No. 08 of 2024 instituted for the offence under Sections 363, 366A & 34 of the Indian Penal Code. 3.

Prosecution case in short is that petitioner and his mother assaulted and abducted 14-year-old daughter of the informant.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 21-07-2024. Petitioner bears no criminal antecedent/s, as per disclosure made in

Patna High Court CR. MISC. No.84332 of 2024(3) dt.25-02-2025 2/3 paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Learned counsel for the petitioner submits that victim in her statement recorded under Section 164 of the Cr.P.C. has deposed that she has gone with the petitioner on her own volition. Learned counsel next submits that even in the medical examination, nothing is found against the petitioner. There is delay of four days in lodging of the FIR. It is lastly submitted that police after investigation has submitted charge sheet in this case.

6.

Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner. It is submitted that victim is minor at the time of occurrence.

7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

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

Patna High Court CR. MISC. No.84332 of 2024(3) dt.25-02-2025 3/3 below/concerned Court in connection with Madhopur P.S. Case No. 08 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T