Dharmpal Kumar @ Dharmpal Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86984 of 2024 Arising Out of PS. Case No.-130 Year-2024 Thana- SHEKHPURA District- Sheikhpura ====================================================== Dharmpal Kumar @ Dharmpal Patel Son of Umesh Prasad Resident of Village- Katarpur, P.S.- Katrisarai, Distt.- Nalanda At present address Mohalla Hasim Khanda Bengalipar, P.S.- Sheikhpura, Distt.- Sheikhpura ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nandlal Prasad Son of Late Baleshwar Prasad Resident of MohallaBangalipar, P.S.- Sheikhpura, Distt.- Sheikhpura ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sheo Nandan Prasad, Advocate For the Opposite Party/s :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-06-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with Sheikhpura P.S. Case No. 130 of 2024, instituted for the offences punishable under Sections 366-A and 34 of the Indian Penal Code.

3. The prosecution case, in short, is that, the petitioner along with with other co-accused persons are involved in the alleged offence of kidnapping the informant's minor daughter. The informant later got knowledge that co-accused, namely, Shishu Pal Kumar has forcibly performed marriage with informant's daughter.

Patna High Court CR. MISC. No.86984 of 2024(3) dt.24-06-2025 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case and cognizance has already been taken by the learned Court below. Learned counsel for the petitioner also submits that the petitioner has got no concern with the alleged occurrence. No specific allegation has been attributed against the petitioner. It is next submitted that the petitioner has been arrested in this case as being brother of co-accused, namely, Nepal Kumar. The victim has not stated anything against the petitioner in her statement recorded under Section 161 of Cr.P.C. and Section 164 of Cr.P.C. The petitioner is in custody since 07.06.2024 and has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted regular bail by this Court vide order dated 19.11.2024 passed in Cr. Misc. No. 42893 of 2024.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

Patna High Court CR. MISC. No.86984 of 2024(3) dt.24-06-2025 3/3

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sheikhpura P.S. Case No. 130 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T