Dhananjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48004 of 2022 Arising Out of PS. Case No.-42 Year-2022 Thana- PARASBIGHA District- Jehanabad ====================================================== Dhananjay Kumar Son Of Ram Ishwar Ram Resident Of Village - Pandit Bigha, Police Station- Parasbigha, District - Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Narayan Singh For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-07-2023 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 363, 366A, 506 and 34 of the Indian Penal Code.

Allegation against the petitioner along with other coaccused person is that they abducted the daughter of the informant when she went to her coaching class. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to previous dispute. It is further submitted that the victim recovered and stated about the

Patna High Court CR. MISC. No.48004 of 2022(9) dt.20-07-2023 2/3 complicity of the petitioner along with other co-accused person in abducting her but she has not stated any physical assault or misbehave committed by the petitioner with her. She further stated that petitioner himself left the victim to the police station. It is also submitted that similarly situated other co-accused person has already been granted bail by the different co-ordinate Bench of this Court vide order dated 06.07.2023. in Cr. Misc. No. 74458 of 2022. Moreover, the petitioner is languishing in judicial custody since 06.03.2022.

It is further submitted by the learned counsel for the petitioner that the trial has still not been concluded despite report dated 18.03.2023 suggests that the trial shall be concluded within three months by the learned Court below. Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail.

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 Parasbigha P.S. Case No. 42 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand)

Patna High Court CR. MISC. No.48004 of 2022(9) dt.20-07-2023 3/3 with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-cum-Special Court, (POCSO) Act, Jehanabad.

(Sunil Kumar Panwar, J) Shubham/- U T