Pinkesh Kumar @ Pravin Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Pinkesh Kumar @ Pravin Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in connection with Gogari P. S. Case No. 347 of 2023.

Issue for consideration

Whether the petitioner, in custody since 15.09.2024 in Gogari P.S. Case No. 347/2023 (offences punishable under Sections 366(A), 120(B)/34 IPC), should be released on regular bail.

Court's answer

The bail application is allowed, the Court considering the statement of the victim recorded under Section 164 Cr.P.C. and the period of custody.

Ratio / Principle

The petitioner is to be released on bail on furnishing a bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai in connection with Gogari P. S. Case No. 347 of 2023.

Detailed headnote1 paragraphs

Patna High Court (Honourable Mr. Justice Prabhat Kumar Singh, oral order dated 02-05-2025, Criminal Miscellaneous No. 5181 of 2025) allowed regular bail sought by Pinkesh Kumar @ Pravin Kumar s/o Gorelal Pandit in Gogari P.S. Case No. 347 of 2023 (District Khagaria), registered for offences punishable under Sections 366(A), 120(B)/34 of the Indian Penal Code, arising from the alleged kidnapping of the informant's 14-year-old minor daughter on 20.09.2023. Counsel for the petitioner had urged that the petitioner was implicated only on suspicion, that the medical examination revealed no mark of violence, that in her Section 164 Cr.P.C. statement the victim alleged no ill-treatment or sexual assault, that a similarly situated co-accused (Chhotu Kumar @ Ankush Kumar) had already been granted bail vide order dated 21.06.2024 in Cr. Misc. No. 27927 of 2024, and that the charge-sheet stood submitted with the petitioner in custody since 15.09.2024. Considering the victim's Section 164 Cr.P.C. statement and the period of custody, the Court directed release on a bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5181 of 2025

Arising Out of PS. Case No.-347 Year-2023 Thana- GOGRI District- Khagaria

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

Pinkesh Kumar @ Pravin Kumar S/O Gorelal Pandit Resident of Village - Bari Fulbaria, P.S- Gogri (Paura), District- Khagaria

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Amar Kumar Singh, Advocate For the Opposite Party/s : Mr. Mukesh Kumar Singh, A.P.P.

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

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

3 02-05-2025

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

Petitioner seeks regular bail in connection with Gogari P. S. Case No. 347/2023 in a case registered for the offences punishable under Sections 366(A), 120(B)/34 of the Indian Penal Code.

The prosecution case, in brief, is that on 20.09.2023 at about 11:30 PM, while informant was sleeping in her house, six F.I.R. named accused persons including this petitioner came and kidnapped her 14 years old minor daughter.

Learned counsel for the petitioner submits that petitioner is innocent and has been made accused only on suspicion. During investigation, the victim was medically examined and no mark of violence was found on her body. He

Patna High Court CR. MISC. No.5181 of 2025(3) dt.02-05-2025 2/2

further submits that in her statement recorded under Section 164 Cr.P.C., victim has not alleged any ill-treatment or sexual assault against petitioner. Moreover, similarly situated co-accused, namely, Chhotu Kumar @ Ankush Kumar has already been granted bail by this Hon’ble Court vide order dated 21.06.2024 passed in Cr. Misc. No. 27927 of 2024. Petitioner is in custody since 15.09.2024. Charge-sheet has already been submitted.

Learned A.P.P. for the State vehemently opposes the bail application.

Considering statement of the victim recorded under Section 164 Cr.P.C. and period of custody, the bail application is allowed. Let the above named petitioner 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 Chief Judicial Magistrate, Begusarai in connection with Gogari P. S. Case No. 347 of 2023.

(Prabhat Kumar Singh, J)

Navya/-

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