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Patna High CourtCR. MISC./11012/2023allowed

Mukesh Mallik v. The State Of Bihar

2023-07-27Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11012 of 2023 Arising Out of PS. Case No.-234 Year-2022 Thana- RIGA District- Sitamarhi ====================================================== MUKESH MALLIK Son of Yogendra Mallik Resident of Village- Jai Nagar, P.S.- Sonbarsa, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Jha For the Opposite Party/s :

Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 363/366(A) and 34 of the Indian Penal Code.

3. The allegation against the petitioner along with others is of kidnapping the daughter of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. The victim girl has recovered and her statement recorded u/s 164 of the Cr.P.C., in which she stated that the petitioner along with others taken her to Jaynagar (Sitamarhi) but she does not state about any physical wrong/misbehave/abuse with her. According to Medical report

Patna High Court CR. MISC. No.11012 of 2023(3) dt.27-07-2023 2/2 victim is aged about 17 to 19 years. He is languishing in judicial custody since 18.06.2022.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Riga P.S. Case No. 234 of 2022.

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