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Patna High CourtCR. MISC./4646/2023allowed

Boko Paswan @ Vikas Paswan @ Anshul Bhagat @ Anshu Bhagat v. The State Of Bihar

2023-05-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4646 of 2023 Arising Out of PS. Case No.-1 Year-2022 Thana- KAJRAILICHAK District- Bhagalpur ====================================================== BOKO PASWAN @ VIKAS PASWAN @ ANSHUL BHAGAT @ ANSHU BHAGAT S/O BABLU PASWAN Resident of Village- Chapri, P.S.- Dhoraiya, District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Najmul Hodda For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 366, 504, 120B, 34 of the Indian Penal Code.

The allegation against the petitioner along with others is of kidnapping the wife of the informant as well as his son, with an intention to grab his property.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The victim lady has recovered and statement of the victim lady recorded u/s 164 of the Cr.P.C., in which she stated that petitioner gave her Prasad to eat and after eating of Prasad the victim became senseless thereafter,

Patna High Court CR. MISC. No.4646 of 2023(2) dt.02-05-2023 2/2 petitioner took away her with him and she also went with him. Petitioner kept her in a room for two months. The victim lady does not whispered about the complicity of this petitioner. There is no allegation against the petitioner of physical assault, abusing, misbehaving, harassment, torturing with the victim lady. He submitted that the victim is a mature and married lady, who is aged about 30 years. He is languishing in judicial custody since 07.01.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in connection with Kajrailichak P.S. Case No. 01 of 2022.

(Sunil Kumar Panwar, J) arish/- U T