Patna High CourtCR. MISC./51974/2021bail granted

Birendra Das @ Uma @ Birendar Das v. The State Of Bihar

2021-11-30Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51974 of 2021 Arising Out of PS. Case No.-169 Year-2021 Thana- BANKA District- Banka ====================================================== BIRENDRA DAS @ UMA @ BIRENDAR DAS Son of Kanu Das Resident of Village - Tamra, P.S.- Saraiyahat, District - Dumka (Jharkhand). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Aditya Narain Singh-I ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-11-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 366A, 34 of the Indian Penal Code.

As per the prosecution case, this petitioner kidnapped the minor daughter of informant for the purpose of marriage. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. The victim in her statement u/s 164 of the Cr.P.C. stated that though petitioner took her forcibly but has not alleged any misbehaviour or any wrong against this petitioner. The victim disclosed her age as 17 years. Petitioner claims clean antecedent and is in custody since 11.03.2021 and investigation in this case is complete.

Patna High Court CR. MISC. No.51974 of 2021(2) dt.30-11-2021 2/2 Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case, period of custody of the petitioner and the fact that victim in her statement u/s 164 of the Cr. P. C has not alleged any misbehaviour against this petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Banka in connection with Banka (Barahat) PS case No.169/2021.

(Prabhat Kumar Singh, J) BKS/- U T