Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15639 of 2023 Arising Out of PS. Case No.-352 Year-2020 Thana- LALGANJ District- Vaishali ====================================================== Raja Kumar Son Of Mahesh Das R/O Village- Salahpur, Ward No.1, P.S.- Lalganj, District- Vaishali ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Rajeev Ranjan No.Ii For the Opposite Party/s :

Mr.Upendra 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, 366, 366(A)/34 of the Indian Penal Code.

The prosecution case, in brief, is that the informant alleged that her daughter, aged about 13 years, has been kidnapped by the accused persons including the petitioner on the false pretext of solemnization of marriage. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. From perusal of impugned order, the victim girl was recovered and her statement has been recorded under section 164 of Cr.P.C., wherein, she stated that

Patna High Court CR. MISC. No.15639 of 2023(2) dt.09-05-2023 2/2 she has not been physically harassed or misbehaved by the petitioner. It is further submitted that good sense has been prevailed between the parties and in support of this compromise petition has been annexed as Annexure-2. The petitioner has got no criminal antecedent and languishing in judicial custody since 31.12.2022.

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 Lalganj P.S. Case No. 352 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IX, Vaishali at Hajipur.

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