Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41941 of 2023 Arising Out of PS. Case No.-482 Year-2022 Thana- RAJAON District- Banka ====================================================== Jitendra Kumar Son Of Shailendra Pd. Yadav @ Shailendra Yadav Resident Of Village - Faridpur, P.S.- Amarpur, District - Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 363, of the Indian Penal Code later on Section 376 of the IPC was also added.

As per FIR, the allegation against unknown miscreants is that they kidnapped daughter-in-law of the informant due to ulterior motives.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of suspicion. There is inordinate delay of 12 days in lodging the FIR. The petitioner is not named in the FIR and during

Patna High Court CR. MISC. No.41941 of 2023(3) dt.29-08-2023 2/2 investigation his named came into light. As para 7 of the bail petition, it is submitted that the victim is not happy with her husband and she has illicit relation with the petitioner due to which she fled with the petitioner along with her two children and after long time she suo-motu returned. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 29.04.2023.

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

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 Rajoun P.S. Case No. 482 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 Chief Judicial Magistrate, Banka. (Sunil Kumar Panwar, J) Manishkumar/- U T