Sumit Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34934 of 2022 Arising Out of PS. Case No.-18 Year-2022 Thana- ASANWA District- Siwan ====================================================== Sumit Patel Son Of Jaiprakash Patel Resident Of Village- Sanichara Tola Asawn, P.S.- Asawn, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramchandra Sahni For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Asaon P.S. Case No. 18 of 2022 registered under section 366(A) of the Indian Penal Code.

Prosecution case in short is that the grand daughter of the informant went to school, but she did not return till evening, then they started searching her and after that they received information that the petitioner Sumit Patel abducted his grand daughter for the purpose of marriage. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.34934 of 2022(6) dt.23-02-2023 2/3 falsely been implicated in this case. It is stated in para-8 of this petition that the victim has solemnized marriage with the petitioner on 06.02.2022 and marriage certificate was issued by Arya Samaj, Jarj Town, Allahabad (U.P.). It is further submitted that the birth certificate of the victim has been issued by Government of Bihar, Department of Planning, Economics & Statistics, in which her date of birth has been mentioned as 01.01.2003. The victim did not state any physical relationship with the petitioner in her statement recorded under Section 164 of Cr.P.C. The petitioner has not married with the victim forcefully. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. He is languishing in judicial custody since 15.02.2022.

The application for bail is vehemently opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Asaon P.S. Case No. 18 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand)

Patna High Court CR. MISC. No.34934 of 2022(6) dt.23-02-2023 3/3 with two sureties of the like amount each to the satisfaction of the learned C.J.M., Siwan.

(Sunil Kumar Panwar, J) shubham/- U T