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Patna High CourtCR. MISC./60897/2023allowed

Amarjit Kumar @ Amarjeet Kumar Yadav v. The State Of Bihar

2023-09-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60897 of 2023 Arising Out of PS. Case No.-255 Year-2023 Thana- SABAUR District- Bhagalpur ====================================================== Amarjit Kumar @ Amarjeet Kumar Yadav Son Of Manoj Paswan Resident Of Village - Musapur Wand No. 12, Police Station - Kodha, District - Katihar ... ... Petitioner/s

Versus

The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Baijnath Sah For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for regular bail has been filed by the petitioner registered for the offence punishable under Sections 363, 366A/34 of the Indian Penal Code. Prosecution case relates to abduction of elder daughter of the informant by the petitioner from his house for the purpose of marriage.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. There is love affair between the petitioner and daughter of the informant. Victim was in talking term with the petitioner for the last two years. Statement of the victim girl was recorded u/s 164 Cr.P.C. in which she has stated that out of her own sweet

Patna High Court CR. MISC. No.60897 of 2023(2) dt.15-09-2023 2/2 will, she has eloped with him and performed marriage in temple on 28.4.2023, as mentioned in impugned order. She has not raised any finger against the petitioner for any overt act. Petitioner has got no criminal antecedent and languishing in judicial custody since 14.5.2023.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, 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 satisfaction of the learned Additional Sessions Judge XI, Bhagalpur in connection with Sabour PS Case No. 255 of 2023.

(Sunil Kumar Panwar, J) sushma/- U