Aadarsh Mishara @ Adarsh Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25125 of 2023 Arising Out of PS. Case No.-44 Year-2023 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== AADARSH MISHARA @ ADARSH MISHRA Son of Katwaru Mishra Resident of Village - Pigapur Dabaria, P.S.- Dhanapur, District - Chandauli (U.P.).

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nagendra Kumar Singh Son of Gorakh Nath Singh Resident of Village - Majhari, P.S.- Mohania, District - Kaimur (Bhabua). ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Sunil For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Mohania P.S. case no. 44 of 2023 instituted for the offence under Sections 363, 365 & 366(A) of the Indian Penal Code. As per allegation in the FIR, the informant has lodged the present case regarding abduction of his daughter, aged about 18 years who went to college for appear at the examination but she did not return.

Learned counsel for the petitioner submits that the petitioner is innocent and committed no offence. The prosecution case lodged against unknown and the petitioner has falsely been made accused in the present case on the basis

Patna High Court CR. MISC. No.25125 of 2023(3) dt.24-07-2023 2/2 owner of the mobile number by which, the victim contacted her family. The petitioner has got no criminal antecedent as stated in para-3 of the petition. Moreover, he is languishing in judicial custody since 25.1.20223.

Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the victim girl was recovered and supported the prosecution case in her statement recorded u/s 164 of the Cr.P.C. The victim stated in her statement that the petitioner took him to Varanasi and forcibly solemnized marriage with her after which the petitioner committed wrong act with her. She further stated that the petitioner threatened to kill her if she told her parents about the incident. The victim also stated her age about 17 years. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial Court is directed to expedite the trial and conclude the same as soon as possible.

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