Patna High CourtCR. MISC./61739/2023allowed

Maharaj Paswan @ Maharaj Kumar v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61739 of 2023 Arising Out of PS. Case No.-177 Year-2023 Thana- BAKHTIYARPUR District- Patna ====================================================== Maharaj Paswan @ Maharaj Kumar S/O Late Daharu Paswan @ Chandramauli Paswan R/O Village- Bariyarpur, P.S- Bakhtiyarpur, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivjee Singh For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-09-2023 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. As per prosecution case, the petitioner is alleged to have abducted the minor daughter of the informant, aged about 14 years at 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. It appears from Annexure-2, the victim girl was recovered and her statement u/s 164 of the Cr.P.C. has been recorded wherein, she stated that she went with

Patna High Court CR. MISC. No.61739 of 2023(2) dt.15-09-2023 2/2 the petitioner to Chennai and solemnized marriage with him out of her own sweet will. It is further submitted that the petitioner is languishing in judicial custody since 18.6.2023.

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 Bakhtiyarpur P.S. Case No. 177 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 Additional Chief Judicial Magistrate-III, Barh, Dist- Patna.

(Sunil Kumar Panwar, J) Amandeep/- U T