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Patna High CourtCR. MISC./39047/2021bail granted

Shahil Patel v. The State Of Bihar

2022-04-21Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39047 of 2021 Arising Out of PS. Case No.-221 Year-2020 Thana- BHAGWAN BAZAR District- Saran ====================================================== SHAHIL PATEL S/O SHYAM PATEL @ SHYAM PRASAD R/O VILLAGENAVIGANJ, P.S. BHAGWAN BAZAR, DISTRICT SARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Harish Kumar For the Opposite Party/s :

Mr. Laxmi Kant Sharma Mr. Ashutosh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-04-2022 Heard learned counsel for the petitioner, the State and the informant.

Petitioner seeks regular bail in a case registered for the offence punishable under Section 366(A), 372, 120(B) of the Indian Penal Code.

As per the prosecution case, this petitioner is said to have kidnapped the minor daughter of the informant. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. It is submitted that victim in her statement u/s 164 of the Cr.P.C. stated that petitioner has not committed any illegal act with her nor compelled her to marry with her. The doctor has not found any sign of recent sexual intercourse and her age was

Patna High Court CR. MISC. No.39047 of 2021(4) dt.21-04-2022 2/2 assessed to be 17-19 years. Petitioner claims clean antecedent and is in custody since 17.01.2021 and investigation in this case is complete.

Learned counsel appearing for the State and the informant vehemently opposed the prayer for bail. Considering the facts of the case, the period of custody of the petitioner and the statement of victim recorded u/s 164 of the Cr. P. C., let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saran at Chapra in connection with Bhagwan Bazar PS case No.221/2020. (Prabhat Kumar Singh, J) BKS/- U T