Guddan Miya @ Alim Nai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68490 of 2021 Arising Out of PS. Case No.-192 Year-2021 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== GUDDAN MIYA @ ALIM NAI Son of Hadis Nai @ Hadis Thakur Resident of Village - Mujan, P.S.- Mohania, Distt.- Kaimur (Bhabua). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ambuj Nayan Chaubey, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-04-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks bail in a case registered for the offences punishable under Sections 363 and 366(A)/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 06.08.2021, is a person with clean antecedent and charge-sheet has been submitted. The informant had instituted the present FIR alleging that his minor daughter went missing since night of 25.04.2021 apart from other facts.

Learned counsel for the petitioner submits that the victim on her own volition came back and got her statement

Patna High Court CR. MISC. No.68490 of 2021(2) dt.21-04-2022 2/2 recorded under Section 164 Cr.P.C. as would be evident from Annexure-2 to the supplementary affidavit filed today in the Court wherein the victim has not even remotely supported the prosecution case and has disclosed her age as 19 years and has stated that she was in love with Brijesh, they have married and are living peacefully and she wants to go back with her husband. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 06.08.2021, is a person with clean antecedent, chargesheet has been submitted and the victim has not supported the prosecution case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Mohania P.S. Case No. 192 of 2021. (Satyavrat Verma, J) Kundan/- U T