Avinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8668 of 2023 Arising Out of PS. Case No.-384 Year-2022 Thana- GAIGHAT District- Muzaffarpur ====================================================== AVINASH KUMAR S/o Binde Ray R/o Village- Mahmadpur Sura, P.S.- Gaighat, Distt- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok, Advocate.

For the Opposite Party/s:

Ms. Pushpa Sinha.1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-05-2023 Heard learned counsel for the parties concerned. Petitioner seeks regular bail in connection with Gaighat P.S. Case No. 384 of 2022 dated 18.08.2022 registered for the offences punishable under Sections 363 and 363A/34 of the Indian Penal Code 1860.

As per the First Information Report, the daughter of the informant aged about 14 years was abducted by the petitioner.

Learned counsel for the petitioner submits that the petitioner is brother-in-law of the sister of the victim, there was love affair between the victim and the petitioner and this is a case of adolescent love. He further submits that the statement of victim girl was recorded under Section 164 Cr. P.C. in which she has stated that nobody has kidnapped her. Petitioner is in

Patna High Court CR. MISC. No.8668 of 2023(2) dt.10-05-2023 2/2 custody since 18.10.2022.

Regards being had to the submission made by the parties and taking into consideration the materials on record and the fact that both the parties are relatives, the petitioner is in custody since 18.10.2022 and the victim girl in her statement recorded under Section 164 Cr. P.C. has not said anything against the petitioner and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Muzaffarpur, in connection with Gaighat P.S. Case No. 384 of 2022.

(Anil Kumar Sinha, J) S.Ali/- U T