Akash Malhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13929 of 2024 Arising Out of PS. Case No.-120 Year-2023 Thana- SUIYA District- Banka ====================================================== Akash Malhar S/O Ranjan Malhar @ Ranjan Malhoriya Village- Barphera, Ps.- Suiya, Dist.- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudhir Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-04-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioner seeks regular bail in connection with Suiya P.S. Case No. 120 of 2023, lodged on 03.09.2023 under Sections 366(A) of the Indian Penal Code.

3. As per the prosecution case, FIR has been lodged against four named accused persons against whom there is an allegation that they have kidnapped the daughter of the informant on the pretext of marriage.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the alleged victim girl has been recovered and she has narrated her statement under section 164 Cr.P.C. in which she has not alleged anything against the present petitioner. Counsel further submits that the criminal antecedent

Patna High Court CR. MISC. No.13929 of 2024(3) dt.24-04-2024 2/2 of the petitioner is clean and he is in custody since 06.09.2023.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that case diary as well as statement under section 164 Cr.P.C. has been called for and upon perusal of the statement under section 164 Cr.P.C., it transpires that the alleged victim girl has not supported the prosecution story.

6. Learned counsel for the informant vehemently opposes the prayer for bail of the petitioner and submits that the petitioner has kidnapped the daughter of the informant so his bail application may be rejected.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Suiya P.S. Case No. 120 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C. (Dr. Anshuman, J.) Divyansh/- U T