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Patna High CourtCR. MISC./45183/2022bail granted

Dharamjeet Kumar v. The State Of Bihar

2022-11-29Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45183 of 2022 Arising Out of PS. Case No.-349 Year-2021 Thana- ISLAMPUR District- Nalanda ====================================================== Dharamjeet Kumar Son Of Shobhi Yadav R/O Village- Tulsipur, P.S.- Hulasganj, District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar, Adv.

For the Opposite Party/s :

Mr. Nirmala Kumari, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 29-11-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Islampur P.S. Case No. 349 of 2021 registered for the offence punishable under Section 366(A)/34 of the Indian Penal Code. As per the prosecution, the informant's minor daughter was kidnapped by this petitioner and other FIR named persons.

The main submissions advanced by learned counsel Mr. Pankaj Kumar appearing for the petitioner are that the allegation of kidnapping made in the FIR against the petitioner is completely false, in fact the so-called victim left her father's

Patna High Court CR. MISC. No.45183 of 2022(2) dt.29-11-2022 2/2 house according to her own will on account of having love affair with this petitioner and she accepted her matrimonial relation before the Judicial Magistrate while recording her statement under Section 164 of Cr.P.C. and also accepted the said relationship before the trial court while recording her evidence. Learned APP Mr. Nirmala Kumari appearing for the State has opposed the bail prayer.

Having considered the above submissions and mainly the facts that the so-called victim has been recovered and she has recorded her statement before the trial court in which she has not supported the allegation made in the FIR and accepted her matrimonial relationship with this petitioner, in the opinion of this Court the petitioner deserves to a lenient approach of this Court. Accordingly, let the petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction the Court concerned in connection with Islampur P.S. Case No. 349 of 2021.

(Shailendra Singh, J) annu/- U T