Patna High CourtCR. MISC./26199/2023bail granted

Munna Malakar @ Munna Kumar Malakar v. The State Of Bihar

2023-05-24Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26199 of 2023 Arising Out of PS. Case No.-508 Year-2022 Thana- FATEHPUR District- Gaya ====================================================== Munna Malakar @ Munna Kumar Malakar, Son of Kedar Malakar Resident of Village - Bahera, P.S.- Fatehpur, District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akhilesh Kumar, Advocate For the Opposite Party/s :

Mr.Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in connection with Fatehpur P.S Case No. 508 of 2022 dated 16.08.2022 registered for the offences punishable u/s 366A of the Indian Penal Code.

As per the prosecution case, the petitioner is alleged to have kidnapped the minor daughter of the informant by enticing her.

Patna High Court CR. MISC. No.26199 of 2023(2) dt.24-05-2023 2/2 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It has further submitted that there was love affair between the petitioner and the victim. The victim in her statement recorded under Section 164 of Cr.P.C. stated that she went with the petitioner of her own sweet will. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 10.10.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gaya in connection with Fatehpur P.S Case No. 508 of 2022. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T