Santosh Mishra @ Santosh Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5785 of 2019 Arising Out of PS. Case No.-157 Year-2013 Thana- BAUNSI District- Banka ====================================================== Santosh Mishra @ Santosh Kumar Mishra S/o Late Arjun Mishra Resident of Village-Tamoni (Damani), P.S.- Kajreli, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vibhakar Kumar For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 366A of the Indian Penal Code.

The prosecution case in brief is that the informant's daughter was kidnapped by the accused persons for the purpose of solemnization of marriage.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is in custody since 31-08-2018. Charge sheet has already been submitted. The date of occurrence is said to be 0406-2013. The case was instituted on 02-08-2013. The delay in lodging the FIR has not been explained by the prosecution.

Patna High Court CR. MISC. No.5785 of 2019(3) dt.15-04-2019 2/2 There was love affairs between the victim and the petitioner. The victim had left home with her own sweet will. When she came in custody of her parents, under inducement she made statement under Section 164 of the Cr.P.C. .

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned District & Sessions Judge, Banka in connection with Baunsi P.S. Case No. 157 of 2013.

(Sudhir Singh, J) A.K.V.//- U T