Munna Yadav @ Munna Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48165 of 2023 Arising Out of PS. Case No.-794 Year-2022 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== Munna Yadav @ Munna Kumar Yadav Son Of Sadanand Yadav Resident Of Village - Kakora, Ward No. 7, P.S. - Mahalgaon, Distt. - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 363, 366A and 34 of the Indian Penal Code.

3. Allegation against the petitioner along with one co-accused person is that they abducted the daughter the informant for the purpose of marriage when she went outside but did not return.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He

Patna High Court CR. MISC. No.48165 of 2023(3) dt.11-09-2023 2/3 has falsely been implicated in this case. There is delay of seven days in lodging the FIR without giving any explanation. The name of the petitioner came into light in this case on the basis of confessional statement of co-accused Chhotu Kumar before the police which has got no evidentiary value in the eye of law. The informant is not the eye witness of the alleged occurrence rather only on the basis of getting information, she lodged this case against the petitioner along with other coaccused person. Further, the victim has not been recovered as yet. Nothing consistent evidence has come against the petitioner to implicate in the alleged offence. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 28.12.2022.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with K. Nagar(Srinagar) P.S. Case No 794 of 2022 on furnishing bail bond of Rs.10,000/-

Patna High Court CR. MISC. No.48165 of 2023(3) dt.11-09-2023 3/3 (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnea. (Sunil Kumar Panwar, J) Shubham/- U T