Patna High CourtCR. MISC./45408/2023allowed

Satyendra Sharma v. The State Of Bihar

2023-09-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45408 of 2023 Arising Out of PS. Case No.-117 Year-2018 Thana- MADHUBAN District- East Champaran ====================================================== Satyendra Sharma Son Of Ram Ayodhya Sharma Resident Of Village- Dulma, Ps- Madhuban, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prateek Tandon For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-09-2023 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 363, 366, 506/34 of the Indian Penal Code.

3. As per prosecution case, the petitioner along with other accused persons are alleged to have abducted the daughter of the informant for the purpose of wrong.

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 recovered whose statement has been recorded under section 164 of Cr.P.C. in which she disclosed the complicity of the petitioner in respect of her abduction but she has not stated physical abuse

Patna High Court CR. MISC. No.45408 of 2023(3) dt.19-09-2023 2/2 or misconduct against the petitioner. As per medical report, the age of victim is about 19 years. The FIR was also lodged in delay of three days as the alleged occurrence took pace on 1.7.2018 but the FIR was registered on 4.7.2018. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 10.3.2022.

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 period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Madhuban P.S. Case No. 117 of 2018 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, East Champaran. (Sunil Kumar Panwar, J) Amandeep/- U T