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Patna High CourtCR. MISC./43337/2023allowed

Pankaj Kumar v. The State Of Bihar

2023-08-10Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43337 of 2023 Arising Out of PS. Case No.-263 Year-2022 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== Pankaj Kumar Son Of Rajesh Singh Resident Of Village- Madurna, PsChainpur, District- Kaimur, Bhabhua ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mrs. Kiran Kumari Sharma :

Mr Saroj Kumar Sharma For the State :

Mr. Suresh Prasad Singh For the Informant/s :

Mr. Suresh Pd. Singh, Ramesh Singh :

Mr. Saket Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-08-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 363, 366(A)/34 of the Indian Penal Code.

3. The prosecution case, in brief, is that the informant alleged that his daughter, aged about 16 years, had gone to coaching center but she did not return. Thereafter, the informant came to know that his daughter has been abducted by the petitioner along with accused persons.

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 was

Patna High Court CR. MISC. No.43337 of 2023(3) dt.10-08-2023 2/2 recovered and her statement has been recorded under section 164 of Cr.P.C., wherein, she did not support the prosecution version and stated that she went from her home to Mumbai with the petitioner along with others where, they solemnized marriage with the petitioner without her consent but the victim has not whispered any complicity of the petitioner regarding physical misbehave or abuse. The victim also stated that she fall in love with the petitioner. The petitioner has got no criminal antecedent and languishing in judicial custody since 18.4.2023.

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 Chainpur P.S. Case No. 263 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.-II, Kaimur at Bhabua.

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