Patna High CourtCR. MISC./48745/2023bail granted

Bhola Paswan @ Bhola Kumar @ Aman Kumar v. The State Of Bihar

2023-08-08Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48745 of 2023 Arising Out of PS. Case No.-27 Year-2023 Thana- AMBA District- Aurangabad ====================================================== BHOLA PASWAN @ BHOLA KUMAR @ AMAN KUMAR S/O BIGAN PASWAN R/O VILLAGE- CHATARA TOLI, CHANDEL BIGHA DIHWAR STHAN, PS. MUFFASIL, DIST. AURANGABAD ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Parmeshwar Vishwakarma For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-08-2023

1. Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Amba P.S. Case No. 27 of 2023 dated 22.01.2023 registered for the offences punishable u/ss 366A and 366 read with section 34 of the Indian Penal Code.

4. As per the prosecution case, the petitioner is alleged to have kidnapped the minor daughter of the informant.

5. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.48745 of 2023(2) dt.08-08-2023 2/2 that the petitioner is innocent and has falsely been implicated in this case. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The victim in her statement recorded under Section 164 Cr.P.C. has stated that she was in love affair with the petitioner and that no one had kidnapped her and she had left her house of her own sweet will. The petitioner is accused in one more criminal case as stated in para 3 of the bail petition. The petitioner is in custody since 22.01.2023.

6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

7. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Aurangabad in connection with Amba P.S. Case No. 27 of 2023.

8. The application stands allowed.

(Chandra Prakash Singh, J) Alok Verma/- U T