Vikram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83171 of 2023 Arising Out of PS. Case No.-283 Year-2023 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Vikram Kumar S/O Rambabu Choudhary R/O Village- Jitwarpur Chouth, Ward No. 18, P.S- Muffasil, Distt.- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anant Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Samastipur (Muffasil) P.S. Case No. 283 of 2023 dated 23.05.2023 registered for the offences punishable u/ss 366A and 506 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is alleged to have kidnapped the minor daughter of the informant forcibly.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The victim got missing on 12.05.2023 and subsequently the victim has returned back to her house voluntarily and the information was given to the police on 23.05.2023 after 11 days of the alleged occurrence and after 5 days of the recovery of the victim and there is no explanation for this delay. There was love

Patna High Court CR. MISC. No.83171 of 2023(4) dt.20-04-2024 2/2 affair between the victim and the petitioner. It is further submitted that the victim has not raised any alarm while she was being taken on a motorcycle. As per the medical report, there was no sign of recent sexual assault on the victim. It is further submitted that the petitioner has no concern with the alleged offence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the material available on the record, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Samastipur in connection with Samastipur (Mufassil) P.S. Case No. 283 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T