← Library
Patna High Court/48990/2023allowed

Abhishek Tiwary @ Abhishek Kumar v. The State Of Bihar

2023-08-10Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48990 of 2023 Arising Out of PS. Case No.-54 Year-2023 Thana- KOPA District- Saran ====================================================== ABHISHEK TIWARY @ ABHISHEK KUMAR SON OF MUKESH TIWARY @ MUKESH TIKULIHAR RESIDENT OF VILLAGEBELSHAR, PS- BELSHAR, DIST- VAISHALI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dharmesh Kumar For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-08-2023 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 Section 366(A) of the Indian Penal Code.

3. The allegation against the petitioner is forcibly solemnized marriage with the daughter of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the victim girl has recovered and her statement has been recorded u/s 164 of the Cr.P.C., wherein, she stated that she on her own sweet-will has accompanied the petitioner then, he took her to his house,

Patna High Court CR. MISC. No.48990 of 2023(2) dt.10-08-2023 2/2 thereafter the victim girl solemnized marriage with this petitioner. Good sense has been prevailed between the parties and in support of this a compromise petition has also been filed in this respect, which is annexed as annexure-4 with this petition. He is languishing in judicial custody since 26.04.2023.

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 each to the satisfaction of the learned Court below in connection with Kopa P.S. Case No. 54 of 2023.

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