Gautam Sah @ Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60380 of 2022 Arising Out of PS. Case No.-160 Year-2022 Thana- MANIYARI District- Muzaffarpur ====================================================== Gautam Sah @ Gautam Kumar Son Of Sanjay Sah @ Munna Sah R/VBariyarpur, P.S- Sakra, Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachin Kumar For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Maniyari P.S. Case No. 160 of 2022 registered under Sections 363, 366(A) and 34 of the Indian Penal Code.

Prosecution case in short is that the informant's daughter aged about 15 years went out from house for purchasing Note-Book, but she didn't return her house. Thereafter informant started searching her but could not find her. It is further alleged that the petitioner Gautam Sah has kidnapped her minor daughter with the help of full brother Gaurav Sah and father Munna Sah for the purpose

Patna High Court CR. MISC. No.60380 of 2022(4) dt.24-02-2023 2/3 of solemnization of marriage.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on suspicion. There is delay of 9 days in lodging the F.I.R. It is further stated that when victim recovered, she stated in her statement recorded under Section 164 of Cr.P.C. is that the petitioner has no complicity in this case and further asserted that she solemnized marriage with the petitioner out of her own sweet will. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. He is languishing in judicial custody since 07.06.2022. The application for bail is vehemently opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Maniyari P.S. Case No. 160 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.60380 of 2022(4) dt.24-02-2023 3/3 satisfaction of the learned J.M. 1st Class, Muzaffarpur. (Sunil Kumar Panwar, J) shubham/- U T