Ganga Kumar @ Ganga Sharan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44937 of 2023 Arising Out of PS. Case No.-189 Year-2022 Thana- MATIHANI District- Begusarai ====================================================== Ganga Kumar @ Ganga Sharan Kumar Son Of Gorelal Paswan VillageAmba Genharpur Ps- Bhagwanpur Dist- Begusarai ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Shashi Dhar Jha For the Opposite Party/s :

Mr.Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 366(A)/34 of the Indian Penal Code and Section 27 of Arms Act. The allegation against the petitioner and other co-accused persons is that they enticed away the minor daughter of informant for the purpose of solemnization of marriage.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has

Patna High Court CR. MISC. No.44937 of 2023(5) dt.28-11-2023 2/3 falsely been implicated in the present case. The victim has been recovered and she has not whispered about the complicity of petitioner in her abduction. She has stated in her statement recorded under Section 164 of Cr.P.C. that she eloped with the petitioner with her own sweet will and she has solemnized marriage with him and went to Gujarat. Moreover, the petitioner is languishing in judicial custody since 12.02.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

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

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Matihani P.S. Case No. 189 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees

Patna High Court CR. MISC. No.44937 of 2023(5) dt.28-11-2023 3/3 ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Begusarai.

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