Akash Kushwaha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22219 of 2021 Arising Out of PS. Case No.-57 Year-2020 Thana- DHANAHA District- West Champaran ====================================================== AKASH KUSHWAHA S/o Late Bhola Kushwaha R/o village- Daunaha, P.S.- Dhanaha, District- West Champaran ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar Shrivastava, Adv.
For the Opposite Party/s :
Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-10-2021 Heard learned counsel for the parties through video conferencing.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 363, 366A and 34 of the Indian Penal Code.
As per the prosecution case, the petitioner and other accused persons kidnapped the minor daughter of the informant.
It is submitted by learned counsel for the petitioner that the allegation as levelled in the F.I.R. are false and concocted. On her return, the statement of the daughter of the informant was recorded under section 164 Cr.P.C. wherein she has categorically stated that she went out on her own volition and has married the petitioner. It is submitted that even as per
Patna High Court CR. MISC. No.22219 of 2021(2) dt.08-10-2021 2/2 the certificate produced by the informant which has been referred to by the learned court below, now the daughter of the informant is a major. The petitioner is in custody since 1.12.2020 and chargesheet has been submitted in the case. Heard learned A.P.P. for the State.
Having heard learned counsel for the parties and taking into consideration the facts of the case together with the contents of the statement of the victim under section 164 Cr.P.C., the Court directs the petitioner to be enlarged on bail in connection with Dhanaha P.S. Case no.57 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, West Champaran, Bettiah. (Partha Sarthy, J) Saurabh/- U T