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Patna High CourtCR. MISC./61936/2023allowed

Chandan Manjhi v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61936 of 2023 Arising Out of PS. Case No.-96 Year-2023 Thana- CHAKAND District- Gaya ====================================================== Chandan Manjhi Son Of Ram Pravesh Manjhi Village- Bairwan Ps- Alipur Tikari Dist- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prithivi Raj Singh For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== 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 petitioner has prayed for regular bail in a case registered for the offence punishable under sections 363, 366A, of the Indian Penal Code.

As per FIR, the allegation against the accused petitioner is that he 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. There is inordinate delay of 45 days in lodging the FIR without given any cogent reason. As per statement of the

Patna High Court CR. MISC. No.61936 of 2023(2) dt.15-09-2023 2/2 victim recorded under Section 161 of the Cr.P.C., which is mentioned in impugned order, wherein victim 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 24.03.2023.

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 Chakand P.S. Case No. 96 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