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Patna High CourtCR. MISC./18194/2023allowed

Gowardhan Sao @ Gowardhan Saw @ Gowardhan Shah @ Gobardhan Sah v. The State Of Bihar

2023-05-18Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18194 of 2023 Arising Out of PS. Case No.-21 Year-2023 Thana- MUFFASIL District- Aurangabad ====================================================== 1.

Gowardhan Sao @ Gowardhan Saw @ Gowardhan Shah @ Gobardhan Sah S/O Late Bijuli Shah @ Bijali Saw R/O Village- Baramadiya, Ward No. 7, P.S- Chakia, Distt.- East Champaran.

2.

Vikram Kumar S/O Gowardhan Sao @ Gowardhan Saw @ Gowardhan Shah R/O Village- Baramadiya, Ward No. 7, P.S- Chakia, Distt.- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Tiwari For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under sections 366A of the Indian Penal Code.

As per F.I.R., the allegation against co-accused along with some unknown persons is that they kidnapped daughter of the informant due to ulterior motives. Learned counsel for the petitioners submit that the

Patna High Court CR. MISC. No.18194 of 2023(3) dt.18-05-2023 2/3 petitioners are innocent and have committed no offence. They have falsely been implicated in this case merely on the basis of suspicion. The petitioners are no concern with the alleged occurrence nor they are named in the FIR. As per statement of the victim recorded under Section 164 of the Cr.P.C., wherein she stated that she went with co-accused, namely, Sanjit Kumar with her own-sweet will and she has not stated about the complicity of the petitioners in this alleged occurrence. It is further submitted that the petitioners have got no criminal antecedent. Moreover, they are languishing in judicial custody since 21.01.2023. 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 petitioners, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Muffasil P.S. Case No. 21 of 2023 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

Patna High Court CR. MISC. No.18194 of 2023(3) dt.18-05-2023 3/3 Magistrate, Aurangabad.

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