Patna High CourtCR. MISC./77093/2023allowed

Surya Kant Kumar v. The State Of Bihar

2024-02-27Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77093 of 2023 Arising Out of PS. Case No.-165 Year-2023 Thana- KATORIYA District- Banka ====================================================== SURYA KANT KUMAR SON OF BASUKI DAS RESIDENT OF VILLAGE- KATHOUN, PS- KATORIYA, DISTT- BANKA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vibhakar Kumar For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 366(A)/34 of the Indian Penal Code.

3. According to the prosecution case, the petitioner is said to have abducted the minor daughter of the informant on the pretext of solemnization of marriage.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The victim girl was recovered and her statement has been recorded under section 164 of Cr.P.C., wherein, she did not support the prosecution version and stated that she went from her home out of her own

Patna High Court CR. MISC. No.77093 of 2023(3) dt.27-02-2024 2/2 sweet will. She did not whisper any complicity of the petitioner in the alleged offence and stated that she was in love affairs with the petitioner since 2020. The petitioner has got no criminal antecedent and he is languishing in judicial custody since 14.5.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Katoriya P.S. Case No. 165 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 Additional Sessions Judge-6-Cum Special Judge, POCSO, Banka.

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