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Patna High CourtCR. MISC./61396/2021bail granted

Bittu Kumar v. The State Of Bihar

2022-04-12Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61396 of 2021 Arising Out of PS. Case No.-171 Year-2021 Thana- MADHEPURA District- Madhepura ====================================================== BITTU KUMAR Son of Ravindra Yadav Resident of Village - Bhadoul, P.S.- Madhepura, Distt.- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Chand Prasad, Adv.

For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 12-04-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 363, 366A, 504, 506 and 34 of the Indian Penal Code.

As per the prosecution case, the accused persons including the petitioner herein are said to have kidnapped the daughter of the informant.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The same would be evident from the contents of the statement under section 164 Cr.P.C. of the informant's daughter which has been brought on record as Annexure-2 to the petition. She categorically states therein that she went out with the petitioner and married him out of her on volition. She wants to live with her husband ie the petitioner herein. The petitioner is in custody since 30.7.2021.

Patna High Court CR. MISC. No.61396 of 2021(2) dt.12-04-2022 2/2 The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the contents of the statement of the daughter of the informant under section 164 Cr.P.C. and the petitioner having remained in custody for 8 months, the petitioner is directed to be enlarged on bail in connection with Madhepura (Bharrahi) P.S. Case no.171 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhepura.

(Partha Sarthy, J) Bibhash/- U