Suman Kumar @ Azad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24229 of 2022 Arising Out of PS. Case No.-97 Year-2020 Thana- PURAINI District- Madhepura ====================================================== SUMAN KUMAR @ AZAD S/o Naresh Yadav Resident of VillageKawaiya, P.S.- Maranga, District- Purnea. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 366A and 34 of the Indian Penal Code.

As per the prosecution case, it is stated by the informant that his 12 year old daughter went missing and in course of search it transpired that the accused persons including the petitioner have a hand in her disappearance. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The manner of occurrence is other than what has been narrated in the FIR which would be evident from the statement of the alleged victim under section 164 Cr.P.C (Annexure-2) wherein she has

Patna High Court CR. MISC. No.24229 of 2022(4) dt.12-01-2023 2/2 categorically stated that she went with the petitioner out of her own on volition, got married to him and has been living with him. She further states that she was not kidnapped. Petitioner is in custody since 29.7.2021 and charge sheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner, the contents of the statement of the victim under section 164 Cr.P.C, the petitioner being in custody since 29.7.2021 and charge sheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Puraini P.S. Case no. 97 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M, Udakishunganj, District Madhepura.

(Partha Sarthy, J) Prakash/- U