Sachin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83674 of 2024 Arising Out of PS. Case No.-42 Year-2024 Thana- Kasar District- Sheikhpura ====================================================== Sachin Kumar S/O Bhonu Mahto R/O Village- Brindawan, P.S- Kasar, District- Sheikhpura.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Chanda Devi Wife of Satish Sharma R/O Village- Brindawan, P.S- Kasar, District- Sheikhpura.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bipin Kumar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP For the Informant :

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

2. The petitioner seeks bail in connection with Kasar P.S. Case No. 42 of 2024 instituted for the offences under Section 87 of the Bharatiya Nyaya Sanhita, 2023.

3. Accusation against the petitioner is of kidnapping the daughter of the informant.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that victim in her Statement recorded under Section 183 of the BNS has

Patna High Court CR. MISC. No.83674 of 2024(3) dt.25-02-2025 2/3 specifically stated that she left her house on her own sweet will and this petitioner never gave any compulsion or threat to her. He further submitted that nothing has been whispered against the petitioner in Section 164 Cr.P.C. statement of the victim. He further submitted that as per medical report, there is no recent sign of sexual assault. It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.08.2024 and has no criminal antecedent.

5. 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.

6. Considering the aforesaid facts and circumstances of the case, there being no material against the petitioner in Section 164 Cr.P.C. statement of the victim and in the medical report as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. 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 below/concerned Court in connection with Kasar P.S. Case No. 42 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of

Patna High Court CR. MISC. No.83674 of 2024(3) dt.25-02-2025 3/3 the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Alok Verma/- U T