COURT OF PRINCIPAL SESSIONS JUDGE, PURNEA
B.P. No. 1163/2024
Mukesh Kumar Petitioner
Versus
State of Bihar Opp. Party
Date of Order with signature of the court Office
order or action taken
proceeding with date
18.10.2024 1. Bail petition has been filed on behalf of
petitioner,namely,Mukesh Kumar, who is in judicial
custody since 4.9.2024 in connection with Dagarua P.S.
Case No.63 of 2024 registered for the offence under
sections 363 and 366/34 of the IPC is put-up for hearing.
2. Heard Sri Nivas Kumar, learned counsel for
petitioner and Sri U.K.Keshari, the learned P.P. I/c
appearing for the State.
3. On the basis of written complain of the
Informant,who is father of minor girl “x”,aged about 18
years, FIR lodged against four accused persons including
this petitioner, it is case of prosecution that on 26.2.2024,
co-accused Shankar Mehta with the help of the petitioner
and others in a pre planned manner kidnapped the
daughter of the Informant for the purpose of marriage.
4. Learned counsel for petitioner submitted that
petitioner has falsely been implicated in this case due to
bad village politics and there is specific allegation for
kidnapping of daughter of the Informant against co-
accused Shankar Mehta. The alleged victim was major at
the time of occurrence and as per her sweet will, she left her
house with co-accused. The alleged victim has not
supported the prosecution version regarding the
involvement of the petitioner in the alleged occurrence.
Petitioner is a man of clean antecedent and there is no
chance of his absconding. Petitioner is in judicial custody
since 4.9.2024. So,bail application of the petitioner may be
allowed.
On the contrary, learned P.P. I/c opposed the bail
1
COURT OF PRINCIPAL SESSIONS JUDGE, PURNEA
B.P. No. 1163/2024
Contd. petition of petitioner and submitted that the alleged victim
18.10.2024
in her statement recorded u/s 164 of the Cr.P.C.has
specifically stated about the involvement of this petitioner
in her kidnapping and investigation of the case is still
going-on, hence, bail application of the petitioner may be
allowed.
5. I have heard the rival submission of both parties,
perused the original record as well as LCR. From perusal
of the same, it appears that petitioner is named in the FIR
with allegation that co-accused Shankar Mehta and co-
accused persons including this petitioner in pre planned
manner kidnapped the daughter of the Informant for the
purpose of marriage. The alleged victim in her statement
recorded u/s 164 of the Cr.P.C. has specifically stated that
this petitioner accompanied with co-accused Shankar
Mehta and Chandan at the time of alleged occurrence.
Investigation of the case is still going-on. In this case if
petitioners will be released on bail they may influence and
threaten witnesses not to depose before Investigation
Officer or depose falsely.
6. Considering the aforesaid facts as discussed above
and there is specific allegation of kidnapping of the
daughter of the Informant, which has been corroborated
from the statement of the victim recorded under section
164 of the Cr.P.C.and investigation of the case is still
going-on,hence, bail application of the petitioner Mukesh
Kumar is devoid of merit and the same is dismissed.
(Dictated & corrected by me)
Sd/-
(Purushottam Mishra)
Principal Sessions Judge.
