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Patna High CourtCR. MISC./30650/2020allowed

Nilambar Kumar v. The State Of Bihar

2020-12-15Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30650 of 2020 Arising Out of PS. Case No.-62 Year-2020 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== NILAMBAR KUMAR Son of Prabhu Das Resident of Village- Morsand Bahadurpur, P.S.- Pusa, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhay Shankar Singh For the Opposite Party/s :

Mr. Rita Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 15-12-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Muffasil P.S. Case No. 62 of 2020 for the offence under Sections 363 and 366 of the Indian Penal Code. Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the victim in her statement recorded under Section 164 Cr.P.C. has herself stated that she performed marriage with the petitioner out of her sweet will and she wants to reside with her husband which is evident from Annexure-2. Therefore, no case under Section 366 of the Indian Penal Code is made

Patna High Court CR. MISC. No.30650 of 2020(2) dt.15-12-2020 2/2 out against the petitioner. The petitioner is rotting in judicial custody since 15.02.2020.

Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing his bail bond to the satisfaction of learned A.C.J.M.-5, Samastipur in connection with Muffasil P.S. Case No. 62 of 2020.

(Arvind Srivastava, J) brajesh/- U T