Prakash Kumar Mishra @ Saddu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10274 of 2023 Arising Out of PS. Case No.-826 Year-2022 Thana- ARARIA District- Araria ====================================================== PRAKASH KUMAR MISHRA @ SADDU S/o Bhuwan Kishor Mishra R/o Village- Krishnapuri, Ward no. 09, P.S.- Araria, Distt- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramesh Kumar Singh For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-06-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 363, 365, 367 of the Indian Penal Code.

According to the FIR, prosecution case relates to abduction of the informant's husband when he went to her sister's house. Thereafter, this case has been lodged against unknown.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The prosecution case lodged against unknown thereafter, informant raised suspicion against the petitioner during course of investigation and made him as accused in the present case. There is no eye witness of the alleged occurrence. During

Patna High Court CR. MISC. No.10274 of 2023(3) dt.28-06-2023 2/2 course of investigation, no consistent material has come on record which shows his complicity in the alleged offence. The entire prosecution hings around merely on the basis of suspicion. 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 13.10.2022.

Learned APP appearing for the state and learned counsel for the informant have vehemently 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 Araria P.S. Case No. 826 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 Chief Judicial Magistrate, Araria.

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