Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46678 of 2023 Arising Out of PS. Case No.-219 Year-2022 Thana- KASIMBAZAR District- Munger ====================================================== MUKESH KUMAR SON OF LATE PRAKASH SAH RESIDENT OF MOHALLA LALLU POKHAR WARD NO 13, PS- KASIM BAZAR, DISTMUNGER ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Nirala For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 363 and 365 of the IPC.

3. As per prosecution case, the daughter of the informant was married with the petitioner and after sometime the accused persons started abusing and assaulting including the petitioner. It is further alleged that three to four times panchayat was held, petitioner and his uncle assured to keep her daughter with full dignity and the petitioner said that he

Patna High Court CR. MISC. No.46678 of 2023(3) dt.04-09-2023 2/3 did not like her daughter. When the informant went to the Sasural of her daughter then co-accused Usha Devi told her daughter to go out from anywhere and police is under his hand.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is the husband of the victim. He submitted that the victim was abnormal mind and she used to flee away from house time to time and after search, she traced out. Petitioner is a law abiding citizen tried his best search for her wife/victim and hence, there is no ill motive of the petitioner towards her wife. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 17.04.2023.

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

6. Having heard learned counsel for the parties and considering 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 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount

Patna High Court CR. MISC. No.46678 of 2023(3) dt.04-09-2023 3/3 each to the satisfaction of the learned Court below in connection with Kasimbazar P.S. Case No. 219 of 2022. (Sunil Kumar Panwar, J) arish/- U