Patna High CourtCR. MISC./37477/2023allowed

Subhash Kumar v. The State Of Bihar

2023-08-23Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37477 of 2023 Arising Out of PS. Case No.-162 Year-2023 Thana- RAMPUR District- Gaya ====================================================== Subhash Kumar S/O Sri Rajdev Yadav R/O Village- Charokhrigarh, PS. Fatehpur, Dist. Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prithivi Raj Singh For the Opposite Party/s :

Mr.Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for regular bail has been filed by the petitioner registered for the offence punishable under Section 366A of the Indian Penal Code.

Prosecution case relates to abduction of daughter of the informant while she had gone out to Cyber Cafe. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Statement of the victim girl was recorded u/s 164 Cr.P.C. wherein she has stated that she came to Patna Junction on bike with petitioner's friend. From where, petitioner took her to a nearby house where she found a lady, who had assaulted her and told that Subash Kumar had sold her but she has not

Patna High Court CR. MISC. No.37477 of 2023(3) dt.23-08-2023 2/2 made any allegation of physical misbehavior or sexual assault against the petitioner. In para 68 of the case diary, victim denied the medical test. Petitioner is languishing in judicial custody since 13.03.2023.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 1st Class, Gaya in connection with Rampur P.S. Case No. 162 of 2023.

(Sunil Kumar Panwar, J) sushma/- U