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Patna High CourtCR. MISC./29980/2023allowed

Pradip Kumar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29980 of 2023 Arising Out of PS. Case No.-494 Year-2022 Thana- PATNA CITY CHOWK District- Patna ====================================================== Pradip Kumar Son Of Late Rajendra Prasad Chaudhary Resident Of Mohalla Simli Chaknuri, P.S Malsalami, District- Patna ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Rudra Deo For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

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

3. The prosecution case, in brief, is that the informant alleged that his daughter, aged about 16 years, went to obtain her certificate but he did not return. Thereafter, the informant came to know that her daughter has been abducted by the petitioner with intention of marriage.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The victim girl was recovered and her statement has been recorded u/s 164 of Cr.P.C., wherein, she stated that the petitioner has not commit misbehave with her

Patna High Court CR. MISC. No.29980 of 2023(4) dt.08-08-2023 2/2 but he possessed her documents. She has not whispered any complicity of the petitioner regarding physical abuse. The petitioner has got no criminal antecedent as stated in para-3 of the petition and languishing in judicial custody since 23.11.2022.

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

6. Today, learned counsel for the petitioner handed over the documents to the informant (victim's father) in Court about which, victim has stated in her statement of 164 of Cr.P.C. that petitioner has possessed. Now, he has no grievance regarding the said documents.

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 Chowk P.S. Case No. 494 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 S.D.J.M., Patna City, Patna.

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