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Patna High CourtCR. MISC./26953/2023allowed

Ritik Kumar @ Raushan Mahto v. The State Of Bihar

2023-08-28Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26953 of 2023 Arising Out of PS. Case No.-7 Year-2023 Thana- AURAI District- Muzaffarpur ====================================================== Ritik Kumar @ Raushan Mahto Son Of Sanjeet Mahto R/O Village- Dhasna, P.S.- Aurai, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Prakash Shrarma For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-08-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 363, 366A, 34 of the Indian Penal Code.

3. As per prosecution case, the petitioner along with others are alleged to have abducted the minor Bhagini of the informant for the purpose of wrongdoings.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to dirty village politics. The victim girl was recovered and her statement recorded u/s 164 of Cr.P.C. has been recovered in which she supported the prosecution and stated about the complicity of the petitioner in

Patna High Court CR. MISC. No.26953 of 2023(4) dt.28-08-2023 2/2 respect of abduction. But she has not stated against the petitioner regarding physical misbehave or abuse with the victim. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition. It is further submitted that the petitioner is languishing in judicial custody since 6.2.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. 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 Aurai P.S. Case No. 7 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 Judicial Magistrate 1st Class, (East), Muzaffarpur. (Sunil Kumar Panwar, J) Amandeep/- U T