← Library
Patna High CourtCR. MISC./63268/2023allowed

Mantun Kumar Yadav v. The State Of Bihar

2023-10-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63268 of 2023 Arising Out of PS. Case No.-121 Year-2023 Thana- RAJNAGAR District- Madhubani ====================================================== Mantun Kumar Yadav S/O- Tetar Yadav R/V- Ahila Ps- Bahadurpur Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhavesh Kumar Sah For the Opposite Party/s :

Mr.Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-10-2023 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, 366(A), 341, 323, 504, 506 and 34 of the Indian Penal Code. As per FIR, the allegation against the accused persons including this petitioner is that they abducted the daughter of the informant on the pretext of marriage. They have also assaulted to the informant and her family members.

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 F.I.R. has been lodged after the inordinate delay of 19 days. From perusal of the impugned order, it appears that the

Patna High Court CR. MISC. No.63268 of 2023(2) dt.09-10-2023 2/2 victim in her statement recorded under Section 161 and 164 of Cr.P.C. has stated that she was in love affairs with the petitioner and she solemnized marriage with him on 26.04.2023 and they were happily living as husband and wife. She had herself gone with the petitioner and no nay inducement or force has been used by the petitioner. It is further submitted that the petitioner has no criminal antecedent and languishing in judicial custody since 27.05.2023.

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 Rajnagar P.S. Case No. 121 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 C.J.M.Ist, Madhubani.

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