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Patna High CourtCR. MISC./33972/2019bail granted

Krishna Gorakhnath Kawadlinge @ Krishna Kolange v. The State Of Bihar

2019-05-23Mr. Justice Ashwani Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33972 of 2019 Arising Out of PS. Case No.-507 Year-2018 Thana- BAHADURPUR District- Darbhanga ====================================================== Krishna Gorakhnath Kawadlinge @ Krishna Kolange Son of Gorakhnath Sahebrav Kavadlinge @ Gorakhnath Kolange Resident of Village - D-81, Karnatak Chawl, Akurli Road, Shriram High School, Kranti Nagar, Kandivali (East), P.S. - Kurar, District - Mumbai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Akash Keshav, Adv.

:

Mr. Gyan Abhinav, Adv.

For the Opposite Party/s :

Mr.Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 23-05-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Bahadurpur P.S. Case No.507 of 2018 registered under Sections 366A of the Indian Penal Code.

It is submitted by the learned counsel for the petitioner that the petitioner is aged about 21 years and is a student pursuing his study in Mumbai. There is no criminal intent of the petitioner to take the victim in the manner alleged in the prosecution story. From the FIR itself it would transpire that the victim was having affair with the petitioner and out of

Patna High Court CR. MISC. No.33972 of 2019(2) dt.23-05-2019 2/3 her own sweet will she went together with the petitioner. She has been recovered and her statement has also been recorded under Section 164 of the Code of Criminal Procedure wherein also she has not alleged any sort of force applied upon her in order to take her away. There is also no allegation that the petitioner ever tried to exploit her in any way. Learned counsel for the State opposed the application for grant of bail to the petitioner. Considering the facts and circumstance of the case and the submissions made above, the petitioner, who is in custody since 07.12.2018 without there being any criminal antecedent against him, is directed to be released on bail on furnishing bail bond of Rs.

10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Darbhanga in connection with Bahadurpur P.S. Case No.

Patna High Court CR. MISC. No.33972 of 2019(2) dt.23-05-2019 3/3 the Court or to any police officer or tamper with the evidence.

(Ashwani Kumar Singh, J) Md. S/- U T