Pawan Kumar Hari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56110 of 2023 Arising Out of PS. Case No.-60 Year-2023 Thana- ISHAKCHAK District- Bhagalpur ====================================================== PAWAN KUMAR HARI S/o- RAJENDRA KUMAR MEHTAR @ RAJENDRA HARI R/o- Gangwara Ps- Hansdiha Dist- Dumka Jharkhand ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Diwakar Upadhyaya For the Opposite Party/s :
Mr.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-01-2024 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 Sections 366(A), 363 and 34 of the Indian Penal Code.
3. As per prosecution case, the informant alleged that his sister went to Idgah to get some house-hold article but she could no return. The informant came to know that his sister has been abducted by the FIR named accused persons. Thereafter, the present case was lodged.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The F.I.R. has been lodged after the delay of 3 days and no cogent explanation has been given for the delay. The petitioner is not named in the FIR. His name has transpired in the statement of victim girl recorded u/s 164
Patna High Court CR. MISC. No.56110 of 2023(3) dt.29-01-2024 2/2 of Cr.P.C. wherein she has stated that one Sonu Kumar Singh forcibly made her sit in a car in which another person namely Aman was sitting. They took her to the house of petitioner at place Hanshdiha. She was kept at the house of petitioner and she was told by Sonu Kumar Singh that he is coming back with money and then will take her back. In the meantime, the police recovered her from the house of petitioner. She has also not alleged any bad behaviour with her against the petitioner. The petitioner has got no criminal antecedent and he is languishing in judicial custody since 12.04.2023.
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 period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Ishakchak P.S. Case No. 160 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhagalpur or successor Court.
(Sunil Kumar Panwar, J) lata/- U T