Hiralal Kumar @ Shatrughan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36632 of 2023 Arising Out of PS. Case No.-158 Year-2023 Thana- DAUDNAGAR District- Aurangabad ====================================================== HIRALAL KUMAR @ SHATRUGHAN KUMAR S/O SHANKAR SINGH R/O Village- Paswan, P.S- Daudnagar, Distt.- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-07-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner has preferred this application for grant of regular bail in connection with Daudnagar P.S. Case No. 158 of 2023 dated 21.3.2023 registered for the offence punishable u/s 363, 365 of the Indian Penal Code.

As per the prosecution case, the petitioner and the coaccused persons are alleged to have forcibly abducted the daughter of the informant.

Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.36632 of 2023(2) dt.07-07-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Learned counsel has further submitted that the victim in her statement recorded u/s 164 of the Cr.P.C. has not stated that she was forced to have illicit relation with another person. It has further submitted that she has not raised any alarm while she was being taken to Delhi. Hence no offence is made out. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 22.3.2023. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Daudnagar, Aurangabad in connection with Daudnagar P.S. Case No. 158 of 2023.

The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T