Patna High CourtCR. MISC./17024/2024bail granted

Mritunjay Kumar Singh @ Mritunjay Singh @ Mritunjay Kumar v. The State Of Bihar

2024-03-11Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17024 of 2024 Arising Out of PS. Case No.-60 Year-2023 Thana- YADOPUR District- Gopalganj ====================================================== Mritunjay Kumar Singh @ Mritunjay Singh @ Mritunjay Kumar son of Late Deni Prasad Singh Village- Jadopur Dukhharan Ps- Jadopur Dist- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Ravish, Advocate For the Opposite Party/s :

Mr.Surendra Kumar, 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. The matter has been listed out of turn on the ground of ill health of the petitioner.

2. The petitioner seeks bail in Jadopur P.S. case No. 60 of 2023 instituted for the offences under Sections 363 and 366 of the Indian Penal Code.

3. Prosecution allegation, in short, is that the daughter of the informant ran away from her house after taking cash and ornaments and no trace was found.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is not named in the F.I.R. The name of the petitioner has transpired during

Patna High Court CR. MISC. No.17024 of 2024(2) dt.11-03-2024 2/3 investigation on the basis of the statement of the victim recorded under Section 161 Cr.P.C. as well as under Section 164 Cr.P.C. In her statement recorded under Section 164 Cr.P.C., the victim has not stated anything against this petitioner. No specific allegation is attributed against this petitioner. The only allegation is made against this petitioner that this petitioner forcibly took the victim on his vehicle. Co-accused have been granted bail by a Coordinate Bench of this Court vide order dated 21.07.2023 passed in Cr. Misc. No. 42796 of 2023 and order dated 17.08.2023 passed in Cr. Misc. No. 40584 of 2023. The petitioner is in custody since 29.01.2024 and has one criminal antecedent in which he is on bail.

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

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

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with

Patna High Court CR. MISC. No.17024 of 2024(2) dt.11-03-2024 3/3 two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Jadopur P.S. case No. 60 of 2023.

(Rudra Prakash Mishra, J) Pankaj/- U T