Amitesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87486 of 2024 Arising Out of PS. Case No.-261 Year-2024 Thana- PALIGANJ District- Patna ====================================================== Amitesh Kumar Son of Raj Kumar Ram Resident of Village- Kunjawa Sona, P.s.- Bihta, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kanchan Kumari, Advocate For the Opposite Party/s :

Mr.Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 10-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 139 and 140(3) of B.N.S.

3. The case of the prosecution is that the minor daughter of the informant has gone for taking tuition when she did not return for a considerable time the informant searched her after that he came to know that his daughter was kidnapped by this petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. During investigation, victim has given her statement recorded under Section 183 of B.N.S.S.

Patna High Court CR. MISC. No.87486 of 2024(3) dt.10-02-2025 2/2 wherein she has stated that on the knife point, she was taken by the petitioner to somewhere by train. She further stated that the petitioner established physical relation with her. Learned counsel for the petitioner submitted that victim in her statement stated that when she was taken to hospital for medical examination, she denied. This statement of the victim creates doubt. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 08.07.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Paliganj P.S. Case No. 261 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, POCSO-cumADJ-VII, Patna. (Ashok Kumar Pandey, J) Shubham/- U T