Akash Kumar @ Nikku v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.686 of 2024 Arising Out of PS. Case No.-387 Year-2023 Thana- RAHUI District- Nalanda ====================================================== Akash Kumar @ Nikku Son Of Sanjay Singh Resident Of Village - Narauli, Police Station - Salimpur, District - Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Swami Parth Sarthy For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2024 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, 366(A), 34 of the Indian Penal Code.

3. According to the prosecution case, the petitioner is said to have abducted the minor daughter of the informant, aged about 17 years on the pretext of solemnization 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. From perusal of impugned order, the victim girl was recovered and her statement has been recorded under section 164 of Cr.P.C., wherein, she did not support the prosecution version and stated that she went from

Patna High Court CR. MISC. No.686 of 2024(2) dt.16-01-2024 2/2 her home with the petitioner for eating momos. She did not whisper any complicity of the petitioner in the alleged offence. It is also submitted vide para 8 of the petition that the victim is major at the time of occurrence and in support of this, Aadhar & PAN card of the victim have been annexed as Annexure-P/2. The petitioner has got no criminal antecedent and he is languishing in judicial custody since 6.9.2023.

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 as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Rahui P.S. Case No. 387 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 1st Biharsharif, Nalanda. (Sunil Kumar Panwar, J) Amandeep/- U T