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Patna High CourtCR. MISC./59382/2023allowed

Pankaj Kumar Manjhi @ Pankaj Manjhi v. The State Of Bihar

2023-09-14Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59382 of 2023 Arising Out of PS. Case No.-86 Year-2023 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== Pankaj Kumar Manjhi @ Pankaj Manjhi Son Of Ram Karan Manjhi Resident Of Village- Gothani, Ps- Kusheshwar Asthan, Dist- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vinay Kumar Mishra For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 323, 366A, 504, 506, 34 of the Indian Penal Code.

As per FIR, the allegation against the accused persons including this petitioner is that they kidnapped daughter of the informant due to ulterior motives.

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 the basis of suspicion. The victim is aged about 17 years and she was recovered from the house of the petitioner and as per her

Patna High Court CR. MISC. No.59382 of 2023(2) dt.14-09-2023 2/2 statement recorded under Section 164 of the Cr.P.C., which is mentioned in impugned order, wherein she has stated that she was in love with this petitioner and she went with him with her own sweet will thereafter they solemnized marriage. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 01.04.2023.

Learned APP appearing for the state has opposed the prayer of regular bail.

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 Kusheshwar Asthan P.S. Case No. 86 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 concerned Court.

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