Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9834 of 2023 Arising Out of PS. Case No.-518 Year-2022 Thana- WAJIRGANJ District- Gaya ====================================================== PAWAN KUMAR S/O PRABHU RAJBANSHI R/v- Pranpur, P.S.- Wazirganj, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar Mishra For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 366A of the Indian Penal Code.

The prosecution case, in brief, is that the informant alleged that his daughter went to school for study but she did not return. Thereafter, the informant came to know that her daughter has been kidnapped by the accused persons and when he went to petitioner's house, his family members threatened and abused him.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The victim girl was recovered and her statement has been recorded under section

Patna High Court CR. MISC. No.9834 of 2023(2) dt.18-04-2023 2/2 164 of Cr.P.C. which is annexed as Annexure-2, wherein, she did not support the prosecution version and she also did not whisper any complicity of the petitioner in the alleged offence. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 17.10.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Wazirganj P.S. Case No. 518 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Gaya. (Sunil Kumar Panwar, J) Amandeep/- U T