Bipesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9680 of 2023 Arising Out of PS. Case No.-269 Year-2022 Thana- HARLAKHI District- Madhubani ====================================================== Bipesh Kumar, Son of Ram Yash Mahto @ Ram Das Mahto, Resident of Village - Gangaur, P.S.- Harlakhi, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rana Bhupendra Narayan Singh For the Opposite Party/s :

Ms.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-05-2023 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/34 of the Indian Penal Code.

According to FIR, ahe allegation against the petitioner and other accused persons is of kidnapping the daughter of the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to dirty village politics. There is no specific allegation of abduction against the petitioner. There is no eye witness of the alleged occurrence. The F.I.R. has been lodged after the inordinate delay of 25 days. As per statement recorded by the victim girl u/s 164 of

Patna High Court CR. MISC. No.9680 of 2023(3) dt.19-05-2023 2/2 Cr.P.C.,which is annexed with case diary wherein she has not whispered about the complicity of the petitioner rather she stated that she solemnized marriage with one Chandan Kumar. The petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 12.09.2022.

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 period of 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 Halakhi P.S. Case No. 269 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 Judicial Magistrate, Benipatti, Madhubani.

(Sunil Kumar Panwar, J) Niraj/Lata U T