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Patna High CourtCR. MISC./40017/2020allowed

Pawan Kumar v. The State Of Bihar

2021-03-23Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40017 of 2020 Arising Out of PS. Case No.-545 Year-2020 Thana- ARARIA District- Araria ====================================================== PAWAN KUMAR son of Kala Nand Mandal Resident of Village- Banswari, Ward No.10, P.S. and District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sugandha Prasad, Adv.

For the Opposite Party/s :

Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 363, 365, 366A/34 of the Indian Penal Code.

Allegation against the petitioner is that he along with his family members kidnapped the sister of the informant. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the victim is major and there is no allegation of sexual assault against the petitioner. He submits that victim have eloped with the petitioner and have solemnized her marriage with him. There is contradiction in the statement of the victim recorded under Section 161 Cr.P.C and Section 164 Cr.P.C. He further submits that petitioner bears no criminal

Patna High Court CR. MISC. No.40017 of 2020(3) dt.23-03-2021 2/2 antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 21.07.2020. Considering the facts and circumstances of the case, let the petitioner, above named, be released 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 the learned Court below where the case is pending in connection with Araria P.S. Case No. 545 of 2020, G.R. No. 2475 of 2020. (Anjani Kumar Sharan, J) devendra/- U T