Bikram Kumar @ Bikram Kumar Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89709 of 2024 Arising Out of PS. Case No.-152 Year-2024 Thana- MURLIGANJ District- Madhepura ====================================================== Bikram Kumar @ Bikram Kumar Ram, Son of Domi Ram, R/o VillagePratapnagar, Ward No. 01, P.S- Murliganj, District - Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Dr Sanjay Kumar Singh, Advocate For the Opposite Party/s :
Mr.Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 12-02-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner seeks bail in connection with Murliganj P.S. Case No.152 of 2024, registered for the alleged offence under Section 366(A)/34 of the Indian Penal Code.
3. As per prosecution case, the co-accused Niranjan Kumar enticed away the seventeen years old daughter of the informant and the petitioner and other co-accused persons were also involved in the said occurrence.
4. The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. No occurrence as alleged has ever taken place. The alleged occurrence took place on 06.04.2024 and the FIR has been
Patna High Court CR. MISC. No.89709 of 2024(2) dt.12-02-2025 2/3 lodged on 10.04.2024 without any satisfactory explanation. There is no eye witness to the whole occurrence and the allegation against the petitioner and other co-accused persons is vague and omnibus. Even the allegation for taking away the daughter of the informant is against co-accused Niranjan Kumar and the name of the petitioner surfaced in this case merely on suspicion. Except for suspicion, there is no evidence against the petitioner. The petitioner, who is aged about 24 years, is in custody since 03.10.2024 and charge sheet has been submitted. The petitioner is having clean antecedent.
5. Learned APP vehemently opposes the submission made on behalf the petitioner.
6. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the age of the petitioner and further considering the doubtful nature of allegation against him and also considering the submission of charge sheet and period of custody of the petitioner along with his clean antecedent, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Madhepura, in connection with Murliganj P.S. Case No. 152 of
Patna High Court CR. MISC. No.89709 of 2024(2) dt.12-02-2025 3/3 2024, subject to the conditions mentioned in Section 437 (3) of the Code of Criminal Procedure and also the following conditions :
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) V.K.Pandey/- U T