Patna High CourtCR. MISC./41944/2023bail granted

Raj Kumar v. The State Of Bihar

2023-08-09Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41944 of 2023 Arising Out of PS. Case No.-56 Year-2022 Thana- KUDHNI District- Muzaffarpur ====================================================== RAJ KUMAR Son of Ram Dyal Singh @ Ram Dayal Bhagat Resident of village - Bahadurpur Goraul, P.S.- Goraul, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nachiketa Jha, Advocate For the Opposite Party/s :

Ms. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-08-2023

1. Heard learned counsel for the parties.

2. The petitioner has renewed his prayer for bail in connection with Kurhani (Kundhni)(Turki O.P.)] P.S. Case no. 56 of 2022 registered under sections 366 and 34 of the Indian Penal Code.

3. As per the prosecution case, the informant states that his wife disappeared and on inquiry it transpired that the petitioner had taken her away. The informant's wife was recovered from Maharastra and the petitioner was arrested at the spot. The victim supported the prosecution case in her statement under section 164 Cr.P.C.

4. Learned counsel for the petitioner submits that the earlier application for bail of the petitioner was rejected vide order dated 17.1.2023 (Annexure-1) passed in Cr. Misc.

Patna High Court CR. MISC. No.41944 of 2023(3) dt.09-08-2023 2/2 no.34076 of 2022. The petitioner is in custody since 9.2.2022 and undertakes to cooperate in the trial.

5. The prayer for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner, the victim having been recovered, the petitioner having remained in custody since 9.2.2022 ie for 1 year 6 months together with the contents of the report received from the learned trial Court according to which charge has been framed on 25.7.2023, the Court directs the petitioner to be enlarged on bail in connection with Sessions Trial no.73 of 2023 [arising out of Kurhani (Kundhni)(Turki O.P.)] P.S. Case no. 56 of 2022 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-13, Muzaffarpur. (Partha Sarthy, J) Bibhash U T