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Patna High CourtCR. MISC./5354/2021bail granted

Pappu Kumar @ Kallu v. The State Of Bihar

2021-06-22Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5354 of 2021 Arising Out of PS. Case No.-131 Year-2020 Thana- MUFFASIL District- Aurangabad ====================================================== PAPPU KUMAR @ KALLU Son of Arjun Pal @ Arjun Bhagat Resident of Village - Deoria Rustum, P.S.- Phesar, District - Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Advocate Mr. Bhaskar Shankar, Adv.

For the Opposite Party/s :

Mr. Shailendra Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 22-06-2021 Heard learned Senior Counsel for the petitioner and learned Additional Public Prosecutor for the State through video conferencing.

The petitioner has filed the instant application for grant of regular bail in connection with Aurangabad Muffasil P.S. Case No. 131 of 2020 registered under section 366A of the Indian Penal Code. As per allegation in the FIR, it is stated by the informant that her 17 year old daughter disappeared and on inquiry it transpired that the petitioner had taken her away with the purpose of marriage. It is submitted by learned Senior Counsel appearing for the petitioner that for an occurrence alleged to have taken place on 31.7.2020, information was given to the police station and the FIR registered on 9.8.2020 without any reasonable explanation for the delay. It is further submitted that the daughter of the informant returned unharmed and her statement was recorded under section 164

Patna High Court CR. MISC. No.5354 of 2021(3) dt.22-06-2021 2/2 Cr.P.C. which is Annexure-2 to the petition. She states therein that the petitioner happens to be the brother of her Bhabhi and it is she who had called him from a mobile phone and married him. The petitioner is in custody since 12.8.2020 and has no criminal antecedent.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner, the contents of the statement under section 164 Cr.P.C and the investigation in the case having concluded, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Aurangabad Muffasil P.S. Case no. 131 of 2020 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 Chief Judicial Magistrate, Aurangabad. (Partha Sarthy, J) Spd/- U T