Pappu Giri @ Pappu Kumar Giri @ Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45317 of 2023 Arising Out of PS. Case No.-215 Year-2012 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== Pappu Giri @ Pappu Kumar Giri @ Pappu Kumar S/O Sambhu Giri R/O Village- Ratan Sarai, P.S- Barauli, Distt.- Gopalganj, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devashish Giri For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 364, 366, 376 of the Indian Penal Code but charge-sheet has been submitted u/s 364/34, 366/34 & 376 of I.P.C.

3. As per prosecution case, the informant alleged that her daughter was abducted by the petitioner along with others for illegal purpose. The informant further alleged that earlier to the occurrence, the petitioner tried to kidnapped her daughter.

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 due to dirty village politics.

Patna High Court CR. MISC. No.45317 of 2023(3) dt.10-08-2023 2/3 It is also submitted vide para 8, 9 & 13 of the petition that despite the informant being opposed to the proposal of intercaste marriage, his daughter/victim got married in a temple situated at Thawe on 20.6.2012 and in support of this Annexure3 & 3A annexed with the petition. After marriage, the petition and the victim both sworn in affidavits wherein, they have stated that they have solemnized marriage to each other. On perusal of case diary, it seems that there is consensual relation between the petitioner and the victim. The victim stated her age about 20 years in her statement recorded u/s 164 of Cr.P.C. The petitioner has got no criminal antecedent as stated in para-3 of the petition. It is further submitted that the petitioner is languishing in judicial custody since 17.11.2022.

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 Gopalganj Town P.S. Case No. 215 of 2012 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.45317 of 2023(3) dt.10-08-2023 3/3 satisfaction of learned Additional District & Sessions Judge-I, Civil Court, Gopalganj.

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