Shrawan Sadai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6630 of 2023 Arising Out of PS. Case No.-3 Year-2020 Thana- LAUKAHI District- Madhubani ====================================================== Shrawan Sadai S/O Upendra Sadai Resident Of Village- Laukahi, P.S.- Laukahi, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Narendra Kumar For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Laukahi P.S. Case No. 03 of 2020 registered under sections 363, 366(A), 323, 504, 506 and 34 of the Indian Penal Code.

Prosecution case in short, is that, the daughter of the informant went missing. Further the informant came to know that his daughter was abducted by one co-accused Lalu Sadai for the purpose of marriage. When the informant went to the house of Lalu Sadai, then this petitioner along with other family members started abusing and assaulting him.

Patna High Court CR. MISC. No.6630 of 2023(2) dt.11-04-2023 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that the specific allegation of kidnapping the daughter of the informant for the purpose of marriage is against co-accused Lalu Sadai not against this petitioner. The only allegation as alleged against the petitioner is that he abused and assaulted the informant. He has no concern with the abduction of the informant's daughter. Nothing consistent material came against the petitioner to implicate in the present case. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. It is also submitted that after completion of the investigation, the petitioner has not been sent up for trial but cognizance has been taken in this case. He is languishing in judicial custody since 15.03.2020. The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with

Patna High Court CR. MISC. No.6630 of 2023(2) dt.11-04-2023 3/3 Laukahi P.S. Case No. 03 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-II, Jhanjharpur (Madhubani). (Sunil Kumar Panwar, J) shubham/- U T