Shyam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14879 of 2023 Arising Out of PS. Case No.-275 Year-2022 Thana- MINAPUR District- Muzaffarpur ====================================================== SHYAM KUMAR Son of Nand Kishore Sahni R/V- Manikpur P.S-Minapur Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brajesh Kumar Singh For the Opposite Party/s :

Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 363 and 366(A) of the Indian Penal Code.

As per prosecution case, the daughter of the informant aged about 14 years, has been abducted by the accused persons when she went for attend nature's call.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of suspicion. Neither the petitioner is named in the FIR nor any cogent evidence found against him. The victim girl was recovered and her statement under Section 164 of the Cr.P.C.

Patna High Court CR. MISC. No.14879 of 2023(3) dt.09-05-2023 2/2 has been recorded wherein, she stated that she was not physically harassed by the petitioner. The petitioner has got no criminal antecedent. He is languishing in judicial custody since 14.01.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Minapur P.S. Case No. 275 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Mazaffarpur. (Sunil Kumar Panwar, J) subham/- U