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Patna High CourtCR. MISC./88054/2024allowed

Jayki Kumar @ Jayaki Kumar v. The State Of Bihar

2025-03-22Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88054 of 2024 Arising Out of PS. Case No.-132 Year-2024 Thana- JAGDISHPUR District- Bhojpur ====================================================== Jayki Kumar @ Jayaki Kumar S/o Jay Prakash Singh R/o Village- Baulipur, P.S.- Jagdishpur, District- Bhojpur at Ara ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Prem Kumar S/o Late lalan Singh R/o Village- Baulipur, P.S.- Jagdishpur, District- Bhojpur at Ara ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashank Shekhar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 22-03-2025 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 363 and 366A of the Indian Penal Code.

3. The case of the prosecution is that the petitioner has kidnapped the minor daughter of the informant for the purpose of marriage.

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. He has got no criminal antecedent. During course of investigation, the victim was recovered and she has given her statement recorded under Section 164 of the Cr.P.C., wherein she has stated that she went to Bihiya with the petitioner, from there, she went to Sasaram

Patna High Court CR. MISC. No.88054 of 2024(3) dt.22-03-2025 2/2 and from Sasaram to Amritsar, where she has solemnized marriage with the petitioner. She has further stated that she was being beaten by her parents that is why she has left the house. From perusal of the statement of the victim, it transpires that she was not kidnapped rather she has left the house on her own will. It is further submitted that the petitioner is languishing in judicial custody since 17.10.2024.

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 Jagdishpur P.S. Case No. 132 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 Chief Judicial Magistrate, Bhojpur at Ara.

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