Jay Kishore Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87999 of 2024 Arising Out of PS. Case No.-198 Year-2024 Thana- SAHARSA SADAR District- Saharsa ====================================================== Jay Kishore Kumar S/o- Sri Ranjeet Ram Village- Batraha, P.O- Saharsa, P.SSaharsa Sadar, District- Saharsa, ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Mohan Sharma S/o- Late Janak Sharma Village- Batraha, P.O- Saharsa, P.SSaharsa Sadar, District- Saharsa, ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jeetendra Narayan, Advocate For the Opposite Party/s :
Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 22-03-2025 Heard Mr. Jeetendra Narayan, learned counsel for the petitioner and Mr. Harendra Prasad, 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 366-A of the Indian Penal Code.
3. The case of the prosecution is that the minor daughter of the informant went from the house without disclosing anything. When she did not return for a considerable time, she was being searched. Informant came to know that the petitioner has kidnapped the minor daughter of the informant.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.87999 of 2024(3) dt.22-03-2025 2/3 petitioner is innocent and has committed no offence. He has falsely been implicated in this case. 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 her father has scolded her due to which she has gone from her house. She went to Surat by train when she came to know that her father has filed a case against this petitioner. She has further stated that she went to Surat with this petitioner with her own will. From the perusal of the statement of the victim recorded under Section 164 of the Cr.P.C. it transpires that she has gone to Surat with her own will and there is no role of this petitioner. 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 14.06.2024.
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 Saharsa Sadar P.S. Case No. 198 of 2024 on furnishing bail
Patna High Court CR. MISC. No.87999 of 2024(3) dt.22-03-2025 3/3 bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge cum Exclusive Special Judge, POCSO Act, Saharsa.
(Ashok Kumar Pandey, J) Shubham/- U T