Murat Baitha @ Murat Kumar Baitha @ Murat Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14788 of 2024 Arising Out of PS. Case No.-232 Year-2021 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== Murat Baitha @ Murat Kumar Baitha @ Murat Kumar Son of Jaleshar Baitha R/O village - Pandeypur Khamhauri, P.S.- G.B. Nagar, District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Ajay Kumar Pandey, Advocate For the State :

Ms. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 11-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with G.B. Nagar P.S. Case No. 232 of 2021 instituted for the offence under Sections 363(A), 366(A) & 34 of the Indian Penal Code. 3.

As per the prosecution case, on 20-09-2021, the accused persons including the petitioner are alleged to have kidnapped the minor daughter (the victim) aged about 17 years for the purpose of marriage.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 25-11-2023. Petitioner is stated to be man of clean antecedent.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.14788 of 2024(2) dt.11-03-2024 2/3 counsel that petitioner has been falsely implicated in the present case due to dirty village politics. There is no specific and direct allegation against the petitioner. The allegation made by the victim girl made under Sections 161 and 164 of the Cr.P.C. are also contradictory. Other co-accused has been granted bail by this Court, vide order dated 04-03-2024, passed in Cr. Misc. No. 13069 of 2024. Learned counsel for the petitioner has further placed reliance on cases of the Hon'ble Supreme Court since reported in 2018 SCC Online SC-3100 (Dr. Dhruvaram Murlidhar Sonar versus The State of Maharastra & Ors) and (2019) 9 SCC 608 (Pramod Suryabhan Pawar vs. The State of Maharashtra and Ors.).

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with G.B. Nagar

Patna High Court CR. MISC. No.14788 of 2024(2) dt.11-03-2024 3/3 P.S. Case No. 232 of 2021.

(Rudra Prakash Mishra, J) Raj Kishore/- U T