Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86118 of 2024 Arising Out of PS. Case No.-228 Year-2023 Thana- TEGHRHA District- Begusarai ====================================================== Vivek Kumar Son of Gopal Sah Village- Gaura Ps- Teghra District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 22-04-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in connection with Teghra P.S. Case No. 228/2023 registered for the offences under Sections 366A, 504, 506, 34 of the Indian Penal Code.

3. The prosecution case in short is that the daughter of the informant who was studying in Class IX, without any information, went out of the house and did not return. It is alleged in the FIR that the petitioner- Vivek Kumar and one Raushan Kumar have abducted the daughter of the informant.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.86118 of 2024(3) dt.22-04-2025 2/3 the petitioner is innocent and has falsely been implicated in this case and from perusal of the FIR, it is clear that the occurrence had taken place on 10.07.2023 while the FIR was lodged on 19.07.2023 with a delay of nine days. Learned counsel further submits that the allegation is general and omnibus in nature and the victim girl in her statement recorded under Section 161 Cr.P.C. has stated that she was not kidnapped by the petitioner rather she had gone out of her own sweet will. Learned counsel further submits that the victim girl has refused for her external or internal examination. It is lastly submitted that the petitioner has clean antecedent and is in custody since 16.09.2024.

5. Learned counsel for the State opposes the prayer for bail of the petitioner.

6.

Considering the aforesaid facts and circumstances of the case and taking into account that the victim girl has not supported the prosecution case and stated that she had gone out of her own sweet will, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.86118 of 2024(3) dt.22-04-2025 3/3 learned C.J.M at Begusarai in connection with Teghra P.S. Case No. 228/2023.

(Sourendra Pandey, J) tusharika/- U T