Om Prakash Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38015 of 2023 Arising Out of PS. Case No.-25 Year-2023 Thana- BALIGAON District- Vaishali ====================================================== OM PRAKASH SAH S/O RAM SWARTH SAH R/O Village- Keshopur, PS. Sakra, Dist. Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar Yadav For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 366/34 of the Indian Penal Code.

3. As per prosecution case, the informant who is victim of this case has alleged that the petitioner allured her for performing marriage and abducted her.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The victim/informant stated in her statement recorded u/s 164 of the Cr.P.C. that the petitioner took her away at the behest of performing marriage but thereafter he denied. She further stated that presently, the

Patna High Court CR. MISC. No.38015 of 2023(4) dt.13-09-2023 2/2 petitioner is inclined to solemnizing marriage with her. She stated her age about 19 years. The victim did not whisper any complicity of the petitioner regarding physical misbehave or assault. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition. It is further submitted that the petitioner is languishing in judicial custody since 22.2.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Baligaon P.S. Case No. 25 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Vaishali at Hajipur.

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