Roushan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79741 of 2023 Arising Out of PS. Case No.-226 Year-2021 Thana- ALAMNAGAR District- Madhepura ====================================================== Roushan Kumar, aged about 24 years, (M), Son Of Birendra Patel @ Kutay Mandal R/O Village- Jamhara Ward No.11, P.S.- Sourbazar, District- Saharsa ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pawan Kumar, Advocate For the Opposite Party/s :
Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-12-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Alamnagar P.S. Case No. 226 of 2021 instituted for the offences punishable under Sections 364/34 of the Indian Penal Code.
3. As per prosecution case, the informant alleged that on 08.11.2022 at about 1.30 P.M. petitioner and co-accused had kidnapped the minor daughter of the informant.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He further submits that the main co-accused Mithilesh Kumar who has kidnapped the minor daughter of the informant, has already been granted regular bail by a Co-ordinate Bench of this Court passed
Patna High Court CR. MISC. No.79741 of 2023(2) dt.20-12-2023 2/2 in Cr. Misc. No. 57735 of 2023 vide order dated 01.09.2023, petitioner has clean antecedent as stated in para-3 of the petition and he is in judicial custody since 29.08.2023.
5. Learned APP for the State opposes the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case as well as the fact that main co-accused, namely, Mithilesh Kumar who has kidnapped the victim girl aged about more than 18 years as on the date of occurrence, has already been granted regular bail by a Co-ordinate Bench of this Court, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Sumit Kumar, Judicial Magistrate, Ist Class, Udakishunganj, District-Madhepura/concerned Court in connection with Alamnagar P.S. Case No. 226 of 2021. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T