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Patna High CourtCR. MISC./44552/2022allowed

Sukhal Rai v. The State Of Bihar

2023-05-17Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44552 of 2022 Arising Out of PS. Case No.-717 Year-2021 Thana- MADHAURAH District- Saran ====================================================== SUKHAL RAI Son of Ramjanam Rai Resident of village - Narharpur, Police Station- marhowrah, District - Saran at Chapra. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Narendra Kumar For the Opposite Party/s :

Mr.Ramesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner registered for the offence punishable under Section 366(A)/34 of the Indian Penal Code. Prosecution case relates to abduction of daughter of the informant by the co-accused Lakhan Kumar and other accused persons including the petitioner while she had gone to market for purchasing some articles.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. There is love affair between the co-accused Lakhan Kumar and daughter of the informant. Petitioner is maternal uncle of the main accused with whom victim has solemnized

Patna High Court CR. MISC. No.44552 of 2022(8) dt.17-05-2023 2/2 marriage. Both are leading their conjugal life happily at Jaipur. Statement of the victim girl was recorded u/s 164 Cr.P.C. in which she has stated that out of her own sweet will, she has eloped with co-accused Lakhan Kumar and she disclosed her age as 19 years. She has not raised any finger against the petitioner for any overt act. Petitioner is languishing in judicial custody since 4.3.2022.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Saran at Chapra in connection with Marhowrah P.S. Case No. 717 of 2021.

(Sunil Kumar Panwar, J) sushma/- U