Patna High CourtCR. MISC./50535/2023bail granted

Goutam Kumar Sah @ Gautam Sah @ Gout Kumar Sah v. The State Of Bihar

2023-08-16Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50535 of 2023 Arising Out of PS. Case No.-234 Year-2021 Thana- GOPALPUR District- Bhagalpur ====================================================== Goutam Kumar Sah @ Gautam Sah @ Gout Kumar Sah, Son of Shyam Sah Resident Of Village- Gosaigaon, PS- Gopalpur District -bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-08-2023 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 the learned Additional Public Prosecutor for the State.

3. The petitioner has preferred this application for grant of regular bail in connection with Gopalpur P.S. Case No. 234 of 2021 dated 05.06.2021 registered for the offences punishable under Sections 366(A), 504 and 506/34 of the Indian Penal Code.

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

Patna High Court CR. MISC. No.50535 of 2023(2) dt.16-08-2023 2/3 for the purpose of marriage after getting her seated on a motorcycle forcibly.

5. Learned counsel for the petitioner submitted that there is love affair between the petitioner and the victim but due to ulterior motive, the petitioner has falsely been implicated in this case. He further submits that the victim in her statement recorded under Section 164 of the Cr.P.C has stated that she left her house and performed marriage with the petitioner according to her own sweet will and she is living with the petitioner at the petitioner's house. The petitioner has clear antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 20.05.2023.

6. Learned Additional Public Prosecutor 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 above-named, 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 the learned Additional Chief Judicial Magistrate Ist, Naugachia, Bhagalpur, in connection with Gopalpur P.S. Case No. 234 of 2021.

Patna High Court CR. MISC. No.50535 of 2023(2) dt.16-08-2023 3/3

8. The application stands allowed.

(Chandra Prakash Singh, J) Bhardwaj/- U T