Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87014 of 2024 Arising Out of PS. Case No.-36 Year-2024 Thana- KANTI District- Muzaffarpur ====================================================== Amit Kumar S/o- Shyam Thakur @ Shyam Kishor Thakur Resident of village - Akuraaha khargi , P.s.- Kanti Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== 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 376(d)/34, 354(B)/34, 363, 366 and 342 of the Indian Penal Code.

3. The case of the prosecution is that the daughter of the informant along with her two children were kidnapped by the petitioner along with others. It is further alleged that she was also carrying Rs. 28,500/- and ornaments worth Rs. 5,00,000/-. During the course of investigation, the victim was recovered and her statement has been recorded under Section 164 of the Cr.P.C. in which she has stated that the petitioner along with others have kidnapped and established physical relation with her.

Patna High Court CR. MISC. No.87014 of 2024(3) dt.10-02-2025 2/2

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that the victim has denied for medical examination. Further submission that all the other co-accused persons have been extended the privilege of bail by the Court below itself. Moreover, the petitioner is languishing in judicial custody since 28.04.2024.

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

6. Considering the aforesaid 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 Sessions Trial No. 500 of 2024 arising out of Kanti P.S. Case No. 36 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 Exclusive Special Court No.III/Court concerned.

(Ashok Kumar Pandey, J) Jagdish/- U T