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Patna High CourtCR. MISC./44696/2022allowed

Govind Das v. The State Of Bihar

2023-01-10Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44696 of 2022 Arising Out of PS. Case No.-131 Year-2018 Thana- RIGA District- Sitamarhi ====================================================== Govind Das Son Of Dinesh Das Resident Of Riga Tole, Pipra, P.S.- Riga, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abu Nasar For the Opposite Party/s :

Mr. Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-01-2023 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 connection with Riga P.S. Case No. 131 of 2018 registered under Sections 363 and 366(A) of the Indian Penal Code.

Prosecution case relates to abduction of daughter of the informant by the petitioner and other co-accused. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. A statement has been made in para-3 of the petition that he has got no criminal antecedent. He has falsely been implicated in this present case. It is further submitted that the witnesses did not whisper any wrong committed by the petitioner and other

Patna High Court CR. MISC. No.44696 of 2022(3) dt.10-01-2023 2/2 accused persons. It is also submitted that vide Annexure-5 which is annexed with the petition that good sense has been prevailed between the parties. The statement of victim was recorded under Section 164 of Cr.P.C, in her statement she stated that petitioner along with co-accused kidnapped her but she has not attributed commission of any wrong doings and physical abuse against the petitioner. Petitioner is languishing in judicial custody since 22.04.2022.

The application for bail is vehemently opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Riga P.S. Case No. 131 of 2018 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court of Chief Judicial Magistrate, Sitamarhi. (Sunil Kumar Panwar, J) shubham/- U T