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Patna High CourtCR. MISC./49815/2023allowed

Gautam Kumar v. The State Of Bihar

2023-12-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49815 of 2023 Arising Out of PS. Case No.-86 Year-2023 Thana- BYPASS District- Patna ====================================================== GAUTAM KUMAR Son of Manoj Saw Resident of Village - Marchi Deva Ram Ke Chak, P.S. - Bypass, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shyamal Prakash For the Opposite Party/s :

Mr.Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-12-2023 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 section 366A of the Indian Penal Code.

3. As per FIR, the informant alleged that the petitioner abducted her daughter due to ulterior motives.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case merely on the basis of suspicion. As per statement of the victim recorded under Section 164 of the Cr.P.C., wherein she has stated that she went with this

Patna High Court CR. MISC. No.49815 of 2023(5) dt.19-12-2023 2/2 petitioner for the purpose of touring and she has not stated about any wrong complicity of the petitioner. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 23.02.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bypass P.S. Case No. 86 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judaical Magistrate-VI, Patna City. (Sunil Kumar Panwar, J) manishkumar/- U