Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1052 of 2024 Arising Out of PS. Case No.-119 Year-2023 Thana- KORMA District- Sheikhpura ====================================================== Manish Kumar S/o- Late Ranjeet Prasad R/o- Village - Aijhi, Mubarakpur, P.S.- Korma, District- Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-01-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Korma P.S. Case no.119 of 2023 registered under sections 366A and 506 of the Indian Penal Code and section 8 of the POCSO Act.

3. As per the prosecution case, the allegation against the accused persons including the petitioner herein is of kidnapping the minor daughter of the informant.

4. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. On her return, the daughter of the informant has categorically stated that she went on her own to the petitioner's place. She has not supported the prosecution case. The petitioner is in custody since 5.11.2023 and parties have entered into a

Patna High Court CR. MISC. No.1052 of 2024(2) dt.18-01-2024 2/2 compromise. There is no chance of the petitioner's conviction in the instant case and he undertakes to cooperate in the investigation. The petitioner has no criminal antecedent.

5. Heard learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation in the F.I.R wherein he is a named accused said to have kidnapped the minor daughter of the informant together with the contents of the statement of the victim under section 164 Cr.P.C. as mentioned in the order of the learned Court below rejecting the application for bail of the petitioner to the effect that the victim has categorically stated that the petitioner established physical relation with her, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

7. Liberty is granted to the petitioner to renew his prayer for bail after framing of charge.

(Partha Sarthy, J) Bibhash/- U T