← Library
Patna High CourtCR. MISC./41782/2023allowed

Abhisekh Kumar @ Prince v. The State Of Bihar

2023-08-07Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41782 of 2023 Arising Out of PS. Case No.-354 Year-2022 Thana- BAHERI District- Darbhanga ====================================================== Abhisekh Kumar @ Prince Son Of Ramesh Mukhiya Resident Of Village / Moha,,A - Pakri, Baheri, P.S. - Baheri, District - Darbhanga ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Kedar Jha For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-08-2023 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 341, 323, 354, 366A, 379, 504, 34 of the Indian Penal Code.

3. As per prosecution case, while the minor daughter of informant with her mother was returning home, meanwhile, the petitioner along with co-accused persons reached there and took away the victim in side the vehicle. The accused persons are alleged to have misbehaved with the daughter of the informant.

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 girl recovered

Patna High Court CR. MISC. No.41782 of 2023(3) dt.07-08-2023 2/2 and her statement has been recorded u/s 164 of the Cr.P.C. in which she stated that the petitioner administered her medicine due to which she became unconscious. The victim has not whispered any complicity of the petitioner regarding physical abuse or assault. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition and languishing in judicial custody since 20.2.2023.

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 Baheri P.S. Case No. 354 of 2022 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., VIIth, Darbhanga.

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