Abhinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31528 of 2025 Arising Out of PS. Case No.-121 Year-2024 Thana- BIHIA District- Bhojpur ====================================================== Abhinash Kumar S/O Bhuer Mali @ Ram Babu Mali R/O Village- Bihiya Gawn, P.S- Bihiya, Distt.- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Upendra Mishra, Advocate For the Opposite Party/s :

Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 15-05-2025 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 sections 366, 506 and 34 of the Indian Penal Code.

3. The case of the prosecution is that the petitioner had enticed away the daughter of the informant with an intent to marry.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that during investigation the statement of the victim was recorded under Section 164 of the Cr. P.C. wherein she has stated that she had gone with the petitioner on her own will and that her parents

Patna High Court CR. MISC. No.31528 of 2025(2) dt.15-05-2025 2/2 have fixed her marriage with some other boy. She has also stated in her statement that she was being beaten as she does not want to marry with that boy. She has also also stated she has solemnized marriage with the petitioner. It is a case of elopement and the victim is aged about 18 years. Moreover, the petitioner is languishing in judicial custody since 19.03.2025 having no criminal antecedent.

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

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bihiya @ Bihiyan P.S. Case No. 121 of 2024 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, Ara.

(Ashok Kumar Pandey, J) Jagdish/- U T