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Patna High CourtCR. MISC./32615/2024bail granted

Krishna Kumar @ Dhanu @ Dhannu v. The State Of Bihar

2024-05-02Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32615 of 2024 Arising Out of PS. Case No.-101 Year-2023 Thana- TARAIYA District- Saran ====================================================== KRISHNA KUMAR @ DHANU @ DHANNU SON OF SHILA SAH @ SHILANATH SAH RESIDENT OF VILLAGE AND P.S. - TARAIYA, DISTRICT - SARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh No. I, Advocate For the Opposite Party/s :

Mr.Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Taraiya P.S. case No. 101 of 2023 instituted for the offences under Sections 363, 366A of the Indian Penal Code.

3. Prosecution case, in short, is that, on the alleged date and time, the daughter of the informant had gone to school but she did not return home. The informant suspects that this petitioner and co-accused Yadastha Patel had taken her by enticing her.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel further submitted that victim is a major girl. He

Patna High Court CR. MISC. No.32615 of 2024(2) dt.02-05-2024 2/3 further submitted that on perusal of the case diary, it appears that victim and this petitioner have love affair and have solemnized marriage. It has been submitted on behalf of the petitioner that the petitioner is in custody since 01.02.2024 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. On the other hand, the informant of this case, namely Manisha Kumari has herself appeared in this case and stated before this Court that she has solemnized marriage with the petitioner and is currently living in her matrimonial house. She further stated that she is pregnant. She further stated that she is major and has solemnize the marriage with her own free will and the allegations against the petitioner are false and concocted.

7. Considering the aforesaid facts and circumstances of the case, statement of the victim as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

8. Let the 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 Court

Patna High Court CR. MISC. No.32615 of 2024(2) dt.02-05-2024 3/3 below/concerned Court in connection with Taraiya P.S. case No. 101 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T