Chandrika Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16946 of 2023 Arising Out of PS. Case No.-263 Year-2022 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== Chandrika Singh, Gender-Male, aged about 22 years, Son of Late Singhashan Singh, Resident of Village - Madurna, P.S.- Chainpur, District - Kaimur. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Rajesh Kumar Pathak, Advocate For the Opposite Party :
Mr. Prem Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Chainpur P.S. Case No. 263 of 2022 dated 14.10.2022, instituted for the offence punishable under Sections 363, 366(A) and 34 of the Indian Penal Code.
3. As per the prosecution case, the accused persons called the victim from her house and took away her after giving allurement to marry with the co-accused Pankaj and the petitioner brought the victim to railway station by the motorcycle of co-accused Pankaj. It is further alleged that when the informant requested to return the victim, the accused persons threatened to kill her and hurled abuses.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.16946 of 2023(2) dt.16-05-2023 2/3 petitioner is innocent and he has been falsely implicated in this case. It is further submitted that the informant's daughter was missing since 10.10.2022 but the F.I.R. was lodged on 14.10.2022 and there is no reason has been given for lodging the F.I.R. after lapse of four days. It is also submitted that direct allegation is alleged against the co-accused Pankaj Kumar and the petitioner has been made accused only on the basis of suspicion. Further, it is submitted that there is no eye-witness of that the petitioner went at railway station with co-accused Pankaj Kumar and the victim. It is also submitted that another co-accused, namely, Rajesh Singh and Gita Devi have already been granted bail by a Co-ordinate Bench of this Court vide order dated 07.02.2023 passed in Criminal Miscellaneous No. 6092 of 2023. Lastly, it has been submitted that the petitioner is in custody since 15.10.2022 having no criminal antecedents and charge-sheet has been submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.16946 of 2023(2) dt.16-05-2023 3/3 each to the satisfaction of the learned A.C.J.M.-II, Kaimur at Bhabua in Chainpur P.S. Case No. 263 of 2022. (Khatim Reza, J) Gaurav Kumar/- U