Dindayal Kumar vs The State Of Bihar on 16 December, 2024

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Patna High Court - Orders

Dindayal Kumar vs The State Of Bihar on 16 December, 2024

Bench: Chandra Prakash Singh

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.66684 of 2024
                       Arising Out of PS. Case No.-86 Year-2024 Thana- BANSHI District- Jehanabad
                 ======================================================
                 Dindayal Kumar Son of Chandeshwar Saw @ Chandeshwar Sao R/O Vill.-
                 Karwa Balram, P.S.- Karpi, Dist.- Arwal

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar BIHAR
           2.    Mr. X F/O Y R/O Vill. and P.O.- Anua, P.S.- Banshi, Dist.- Arwal

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Hastina Pratap
                 For the Opposite Party/s :        Mr.Tarun Prasad Mandal
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH
                 SINGH
                                       ORAL ORDER

3   16-12-2024

Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Banshi P.S. Case No. 86 of 2024 dated 27.06.2024 registered for the offence/s punishable u/s 366 of the Indian Penal Code and section 8 and 12 of the POCSO Act.

3. As per the prosecution case, the petitioner is alleged to have kidnapped the minor daughter of the informant for the purpose of marriage.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There was love affair between the petitioner and the victim. The victim in her statement recorded u/s 164 of the Cr.P.C. has stated that Patna High Court CR. MISC. No.66684 of 2024(3) dt.16-12-2024 2/2 the petitioner did not do anything wrong with her. There is nothing on record showing that the victim was forced or seduced to have illicit intercourse with another person. The victim has not raised any alarm while she was being taken to Surat. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 28.06.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Jehanabad in connection with Banshi P.S. Case No. 86 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/-

U      T

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Patna High Court - Orders