Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15916 of 2023 Arising Out of PS. Case No.-449 Year-2021 Thana- PATNA CITY CHOWK District- Patna ====================================================== 1.

SURAJ KUMAR Son of Rajendra Prasad Resident of Mohalla - Nalapar, Begampur, Police Station - Chowk, District - Patna. 2.

Ganga Kumar Son of Rajendra Prasad Resident of Mohalla - Nalapar, Begampur, Police Station - Chowk, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Krishna Jha For the Opposite Party/s :

Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-09-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek regular bail in connection with Chowk P.S. Case No. 339 of 2021 registered for the offence under Sections 363, 365 of the Indian Penal Code.

3. As per prosecution case, the informant alleged that his son namely Suman Kumar went outside from the house at Nala par but he did not return. Upon search, he came to know that his son went with the accused petitioners. Accordingly, the present FIR was registered against the petitioners regarding abduction of son of the informant who is still traceless.

4. Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.15916 of 2023(6) dt.19-09-2023 2/2 petitioners are innocent and have committed no offence. They have falsely been made accused in the present case on the basis of suspicion. There is no any eye witness of the alleged occurrence. During course of investigaiton, no any consistent material has come against the petitioner. It is also submitted that good sense has been prevailed between the parties and in this regard, compromise petition has been annexed as Annexure2. Moreover, the petitioners are languishing in judicial custody since 28.8.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the victim has not traced out as yet.

6. Considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Chowk P.S. Case No. 449 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Patna City.

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