Parmanand Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30026 of 2022 Arising Out of PS. Case No.-291 Year-2021 Thana- BHANGWANPUR HAT District- Siwan ====================================================== Parmanand Ram Son Of Late Rajendra Ram R/O- Vill- Sondhari, P.S.- Bhagwanpur, Dist.- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Avinash Kumar, Advocate Mr. Baidya Nath Thakur, Advocate For the Informant/s : Mr. Ajay Kumar Singh No. 1, Advocate For the State :
Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 22-02-2023 Let the defects, if any, pointed out by the office be removed within three weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.
Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. Petitioner seeks regular bail in connection with Bhagwanpur Hat P.S. Case No. 291 of 2021 registered for the offences punishable under Sections 363 and 366-A/34 of the Indian Penal.
As per the prosecution, the informant's minor daughter aged about 16 years was kidnapped by this petitioner along with other co-accused persons.
The main submissions advanced by learned counsel Mr.
Patna High Court CR. MISC. No.30026 of 2022(4) dt.22-02-2023 2/3 Avinash Kumar, appearing for the petitioner are that the petitioner is not named in the FIR and the main allegation is against the son of this petitioner but the prosecution story narrated in the FIR is completely false and the same has been falsified by the victim's own statement recorded before the Judicial Magistrate under Section 164 of Cr.P.C. and in that statement the said victim accepted her matrimonial relationship with the son of this petitioner and in the present time she is leading a conjugal relationship with the son of this petitioner and one child has taken birth from their wedlock. Further submission is that the petitioner has fair and clean antecedent and has been languishing in jail since 31.12.2021 and the FIR of the instant matter was lodged after in-ordinate delay of five days.
Learned APP Mr. Surendra Prasad Singh appearing for the State as well as learned counsel Mr. Ajay Kumar Singh No. 1, appearing for the informant has opposed the prayer for bail. In view of the facts, as stated above and mainly the custody period of the petitioner, this Court is inclined to accept the petitioner's prayer for bail. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.30026 of 2022(4) dt.22-02-2023 3/3 each to the satisfaction of the concerned Court in connection with Bhagwanpur Hat P.S. Case No. 291 of 2021. (Shailendra Singh, J.) maynaz/- U T