Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6391 of 2023 Arising Out of PS. Case No.-763 Year-2022 Thana- NAGAR District- Vaishali ====================================================== RAUSHAN KUMAR Son of Sri Raj Kumar Paswan R/o Mohalla- Indrapuri Colony Near R.N. College, Hajipur, P.S.- Hajipur, District- Vaishali ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhay Kumar For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-06-2023 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 363 and 366(A) of the Indian Penal Code.

The allegation against the petitioner is of kidnapping the daughter of the informant for the purpose of marriage. 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 girl has recovered and her statement recorded u/s 164 of the Cr.P.C., in which she stated that the petitioner did not commit any wrong with her. He submitted that good sense has been prevailed between the parties. He further submitted that when the informant

Patna High Court CR. MISC. No.6391 of 2023(3) dt.20-06-2023 2/2 acquainted with the facts and circumstances after returning from his daughter then he along with the petitioner filed a compromised petition before Chief Judicial Magistrate, Vaishali at Hajipur on 28.11.2022, in which informant admitted that no marriage is performed by petitioner with the daughter of the informant and she never went with petitioner anywhere. He is languishing in judicial custody since 15.10.2022. 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, Vaishali at Hajipur in connection with Hajipur (Town) P.S. Case No. 763 of 2022.

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