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Patna High CourtCR. MISC./51070/2023allowed

Rajnish Kumar v. The State Of Bihar

2023-08-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51070 of 2023 Arising Out of PS. Case No.-903 Year-2022 Thana- MANER District- Patna ====================================================== Rajnish Kumar Son Of Late Ram Bihari Singh @ Late Bihari Rai @ Late Bihari Singh R/O-Molanipur, P.S.-Maner, Distt.-Patna, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Indrajeet Bhushan For the Opposite Party/s :

Mr. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 366(A) of the Indian Penal Code.

3. The prosecution case, in brief, is that the informant alleged that his daughter, aged about 16 years, went to coaching but she did not return. Thereafter, the informant came to know that his daughter has been abducted by the petitioner on the pretext of solemnization of marriage.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The victim girl was recovered and her statement has been recorded under section

Patna High Court CR. MISC. No.51070 of 2023(2) dt.11-08-2023 2/2 164 of Cr.P.C. which is annexed as Annexure-2, wherein, she did not support the prosecution version and stated that she went from her home and solemnized marriage with the petitioner out of her own sweet will. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition. Moreover, the petitioner is languishing in judicial custody since 12.1.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. 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 Maner P.S. Case No. 903 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Danapur, Patna. (Sunil Kumar Panwar, J) Amandeep/- U T