Suraj Kumar @ Suraj Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21710 of 2023 Arising Out of PS. Case No.-47 Year-2022 Thana- BACHHWARA District- Begusarai ====================================================== Suraj Kumar @ Suraj Sah S/O Ram Prakash Shah Resident Of VillageRudauli, P.O- Rudauli, P.S- Bachhwara, Distt.- Begusarai. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Jyoti Kumar Sinha For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-05-2023 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 366A, 308/34 of the Indian Penal Code.

As per FIR, the allegation against the petitioner along with co-accused persons is that they forcibly abducted the daughter and niece of the informant for ulterior motives. It is further alleged that when the informant went to the house of the accused persons for complain of the alleged occurrence then family members of the accused persons assaulted him.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.21710 of 2023(3) dt.18-05-2023 2/3 petitioner is innocent and has committed no offence. He has falsely been implicated in this case. There is no specific allegation of kidnapping attributed against the petitioner. As per statement of the victim recorded under Section 164 of the Cr.P.C. wherein she stated that she fled from her house with her sister with her own-sweet will because she was in love with one co-accused, namely, Raju Kumar. It is further submitted that victim Rani Kumari has already filed an Informatory petition bearing Application No. 787/2022, wherein she stated that her parents and uncle were pressurized her to marry with one widower for which she was not agreed. The petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 07.02.2023.

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 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

Patna High Court CR. MISC. No.21710 of 2023(3) dt.18-05-2023 3/3 Bachhwara P.S. Case No. 47 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai.

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