Patna High CourtCR. MISC./11998/2023bail granted

Abhilas Rai v. The State Of Bihar

2023-05-15Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11998 of 2023 Arising Out of PS. Case No.-816 Year-2022 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== ABHILAS RAI, S/o Bhawan Pratap Rai R/o village- Dihrma, P.S.- Sonhan (Bhabua), Distt- Kaimur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Tiwary, Advocate For the Informant :

Mr. Ashok Kumar Garg, Advocate with Mr. Sanjiv Kumar Pathak, Advocate For the State :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Bhabua P.S. Case No. 816 of 2022 for the offence registered under Sections 366 (A) / 34 of the I.P.C.

As per the prosecution case, the petitioner seduced the informant's minor daughter with intention to marry her. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He has been falsely implicated in this case and the victim girl has not stated anything against the petitioner in her statement recorded under Section 164 Cr.P.C. He further submits that the alleged date of occurrence is 09.12.2022 and the FIR was lodged on

Patna High Court CR. MISC. No.11998 of 2023(2) dt.15-05-2023 2/2 12.12.2022 and the statement of the victim was recorded on 14.12.2022 under Section 164 of the Cr.P.C. Both the parties are co-villagers and due to previous enmity, the petitioner has been falsely implicated in the present case. Petitioner is in jail custody since 14.12.2022, having no criminal antecedent. Charge-sheet has already been submitted in this case. Learned counsel for the State assisted by the learned counsel for the informant opposes the prayer for grant of bail to the petitioner.

Considering the facts and circumstances of the case and the submissions on behalf of the parties, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhabua in connection with Bhabua P.S. Case No. 816 of 2022.

(Sunil Dutta Mishra, J) khushbu/- U T