Allowed

Rishabh Kumar v. The State of Bihar

Patna HC10 Sept 2024CR. MISC./61139/2024

Case brief

AI extract

What is this about?

The High Court of Patna allowed the petitioner's application for regular bail. Relying on the victim's statement under Section 164 Cr.P.C. indicating the movement was with her own will and the existence of a love affair, the court granted bail subject to furnishing a bond of Rs. 20,000 with two sureties.

What did the court decide?

Enlarged on bail by furnishing bail bond of Rs. 20,000 with two sureties of the like amount.

Rishabh Kumar Vs The State of Bihar — Bail and Remand | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.61139 of 2024

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Arising Out of PS. Case No.-375 Year-2024 Thana- BASANTPUR District- Siwan

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======================================================

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Rishabh Kumar S/O Pramod Kumar Kushwaha R/O Village- Khori Pakar, P.S- Basantpur, Distt.- Siwan.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Naresh Prasad, Adv. For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara, APP. ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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2 10-09-2024

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Heard learned counsel for the petitioner and learned

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A.P.P for the State.

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2. The petitioner has preferred this application for grant of regular bail in connection with Basantpur P.S. Case No. 375 of 2024 dated 17.06.2024 registered for the offences punishable u/ss 363, 366A read with Section 34 of the Indian Penal Code.

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3. As per the prosecution case, the petitioner along with co-accused person is alleged to have kidnapped the minor daughter of the informant for the purpose of marriage.

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4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. The victim in her statement recorded u/s 164 of the

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Patna High Court CR. MISC. No.61139 of 2024(2) dt.10-09-2024 2/2

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Cr.P.C. has stated that she went to Patna with the petitioner and thereafter, she went to Delhi with him with her own will. It is next submitted that there is nothing on record that the victim was forced or seduced to have illicit intercourse with another person. There was love-affair between them and the victim never raised alarm while she was being taken to Patna and Delhi. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 24.06.2024.

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

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6. Considering the aforesaid facts and circumstances of the case as well as the statement of the victim recorded u/s 164 of the Cr.P.C., 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, Siwan in connection with Basantpur P.S. Case No. 375 of 2024.

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7. The application stands allowed.

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(Chandra Prakash Singh, J)

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annpurna/-

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U T

Rishabh Kumar v. The State of Bihar

Case brief

What is this about?

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Rishabh Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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