Lala Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26980 of 2023 Arising Out of PS. Case No.-67 Year-2022 Thana- NAYAGAON District- Saran ====================================================== Lala Kumar Son Of Harishankar Sah @ Hari Shankar Gupta R/O VillageDumari Bujurg, P.S.- Nayagaon, District- Saran At Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashutosh Kumar Singh For the Opposite Party/s :

Mr. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

The prosecution case, in brief, is that the informant alleged that his daughter, aged about 17 years, went to coaching but she did not return. Thereafter, the informant has made strong suspicion that his daughter has been kidnapped by the accused persons including the petitioner.

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 village politics. From perusal of statement of the victim recorded under section 164 of

Patna High Court CR. MISC. No.26980 of 2023(2) dt.24-05-2023 2/2 Cr.P.C. which is annexed as Annexure-3, it appears that there is no any physical abuse or misbehave committed by the petitioner. The victim stated her age 18 years in her statement. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 24.12.2022.

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

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 Nayagaon P.S. Case No. 67 of 2022 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, Saran at Chapra. (Sunil Kumar Panwar, J) Amandeep/- U T