Sudama Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30458 of 2021 Arising Out of PS. Case No.-121 Year-2020 Thana- SATHI District- West Champaran ====================================================== SUDAMA KUSHWAHA S/O MANIRAJ MAHTO R/O VILLAGEGOPALPUR, P.S.-SATHI, DISTRICT-WEST CHAMPARAN. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Gupta For the Opposite Party/s :

Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-03-2022 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Sathi Police Station Case No. 121 of 2020, registered for the offence punishable under Sections 363/366-A/504/34 of the Indian Penal Code.

The prosecution case, as per the First Information Report, is that the petitioner, along with other co-accused persons, abducted the daughter of the informant for the purpose of marriage.

Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case merely because he happens to be the father of the co-accused Roushan Kushwaha, who was having love affair with the daughter of the informant. He next submits that the victim girl was recovered by

Patna High Court CR. MISC. No.30458 of 2021(4) dt.02-03-2022 2/2 the police and her statement, under Section 164 of the Code of Criminal Procedure, 1973, was recorded, in which she has categorically stated that she was having love affair with the coaccused Roushan Kushwaha and has solemnized marriage with him in a temple and wants to live with co-accused Roushan Kushwaha. He further submits that the petitioner is in custody since 03.10.2020.

Regards being had to the submissions advanced on behalf of the parties and taking into consideration the statement of the victim girl, recorded under Section 164 of the Code of Criminal Procedure, 1973, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned 3rd Additional Chief Judicial Magistrate, West Champaran, at Bettiah, in connection with Sathi Police Station Case No. 121 of 2020.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √