Patna High CourtCR. MISC./26038/2024bail granted

Kaplehwar Sada @ Kaplesh Kumar @ Kaplesh Sada v. The State Of Bihar

2024-04-26Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26038 of 2024 Arising Out of PS. Case No.-174 Year-2023 Thana- BHAPTIAHI District- Supaul ====================================================== Kaplehwar Sada @ Kaplesh Kumar @ Kaplesh Sada S/o Jannu Sada @ Jainu Sada R/o vill - Banainian, Tola - Aurahi, P.S. - Bhaptiyahi, Distt. - supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjay Kumar Singh For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Bhaptiyahi P.S Case No. 174 of 2023 registered for the offences punishable under Sections 363, 366A and 34 of the I.P.C, 1860.

3. As per prosecution case, it is a case of abduction of the minor daughter of the informant.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that petitioner has got clean antecedent. It is also submitted that petitioner is in judicial custody since

Patna High Court CR. MISC. No.26038 of 2024(2) dt.26-04-2024 2/2 24.10.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order, statement under Section 164 of the Cr.P.C, it appears that victim had went with petitioner as per her sweet will and nothing wrong has been committed with her, there is love between the victim and the petitioner and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M, Supaul in connection with Bhaptiyahi P.S Case No. 174 of 2023.

(Ramesh Chand Malviya, J) Mayank/- U T