Sabo Das @ Dhananjay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54533 of 2023 Arising Out of PS. Case No.-52 Year-2023 Thana- FATUA District- Patna ====================================================== SABO DAS @ DHANANJAY KUMAR S/O LAKSHMI DAS @ LAXMI DAS R/O VILLAGE- MAKSUDPUR, P.S- FATUHA, DISTT.- PATNA. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Akhauri Kamal Kishore Sahay For the Opposite Party/s :
Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-10-2023 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 Sections 366(A) and 34 of the Indian Penal Code.
3. As per prosecution case, the allegation is that the informant's daughter went to attend the class and failed to return. On next day, informant received that she has been taken away to his home by one Monu Kumar Das. Further alleged that this petitioner along with several other co-accused persons abducted the daughter of the informant for the purpose of marriage and wrongdoings.
Patna High Court CR. MISC. No.54533 of 2023(2) dt.03-10-2023 2/3
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. There is delay of 48 days in lodging the FIR without explaining the delay. It is submitted that there is no specific overt act against the petitioner rather the specific allegation of enticing away to the victim is against co-accused Monu Kumar Das. and he has been roped in at the instance of his enemies of the village without any basis. He further submitted that the charge-sheet has already been submitted in this case. Further, it is submitted that the other co-accused has already been granted bail by this Bench vide order dated 08.09.2023 passed in Cr. Misc. No. 57139 of 2023. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 16.05.2023.
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
Patna High Court CR. MISC. No.54533 of 2023(2) dt.03-10-2023 3/3 satisfaction of the learned Court below in connection with Fatua P.S. Case No. 52 of 2023.
(Sunil Kumar Panwar, J) arish/- U T