Hiralal Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38039 of 2021 Arising Out of PS. Case No.-28 Year-2021 Thana- SUIYA District- Banka ====================================================== HIRALAL DAS Son of Indradev Das Resident of Village - Dumardiha, Police Station - Suiya, District - Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Mukherjee Mr. Ganesh Sharma For the Opposite Party/s :

Mr. Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-01-2022 Heard learned counsel for the parties through video conferencing.

Petitioner seeks regular bail in connection with Suiya P.S. Case No. 28 of 2021 registered for the offence under Section 366 (A) of the I.P.C.

The allegation as per the First Information Report is that the petitioner allegedly abducted the minor daughter of the informant for the purpose of marriage.

Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case with oblique motive inasmuch as there was love affair between the petitioner and the victim girl. He next submits that the victim girl has been recovered and her statement under Section 164 Cr.P.C. was

Patna High Court CR. MISC. No.38039 of 2021(2) dt.17-01-2022 2/2 recorded by the learned Magistrate, which is at Annexure -2 to the bail petition and from perusal of the same it appears that the victim girl left her house with the petitioner on her free will and solemnized marriage with the petitioner in a temple. The petitioner is in custody since 07/04/2021.

Regard being had to the submissions made by the parties and taking into consideration the materials available on record, statement of the victim girl recorded under Section 164 Cr.P.C., petitioner is in custody since 07/04/2021 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka / successor court, Banka in connection with Suiya P.S. Case No. 28 of 2021.

(Anil Kumar Sinha, J) praful/- U T