Patna High CourtCR. MISC./44224/2023bail granted

Bharosi Muni @ Pankaj Kumar v. The State Of Bihar

2023-07-26Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44224 of 2023 Arising Out of PS. Case No.-555 Year-2022 Thana- PARBATTA District- Khagaria ====================================================== BHAROSI MUNI @ PANKAJ KUMAR S/O SHARVAN MUNI R/O Village- Dewari, P.S- Parbatta(Maraiya), Distt.- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar Agrawal For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-07-2023

1. Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Parbatta (Maraiya) P.S. Case No. 555 of 2022 dated 17.12.2022 registered for the offence punishable u/s 366A, 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner and the co-accused persons are alleged to have kidnapped the minor daughter of the informant.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.44224 of 2023(2) dt.26-07-2023 2/2 that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. Nothing incriminating material has been recovered from the conscious possession of the petitioner. There is no eye witness to the alleged occurrence. The victim in her statement recorded u/s 164 of the Cr.P.C. has stated that she was not forced to have illicit relationship with another person. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 31.3.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Khagaria in connection with Parbatta (Maraiya) P.S. Case No. 555 of 2022.

8. The application stands allowed.

(Chandra Prakash Singh, J) Ajay Singh/- U T