Akash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65640 of 2022 Arising Out of PS. Case No.-138 Year-2022 Thana- DELHA District- Gaya ====================================================== Akash Kumar Son Of Bigan Chaudhary R/O Barki Delha, Paraiya Road, P.S.- Delha, District- Gaya ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Surendra Kishore Thakur For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-02-2023 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 section 366A of the Indian Penal Code.

The prosecution story, in brief, is that informant's sister went to the shop for purchase some article on 23.5.2022 in the evening but she count not return. During course of search, it has come to know that the petitioner has kidnapped his sister for the purpose of marriage.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case on the basis of suspicion. From perusal of the statement of the victim recorded

Patna High Court CR. MISC. No.65640 of 2022(2) dt.25-02-2023 2/2 under section 164 of Cr.P.C. which is annexed as Annexure-2, the victim was in love affairs with the petitioner namely, Akash Kumar and she went with him with her own sweet will. She did not whisper any commission of wrong by the petitioner. A statement has been made in para-3 of the petition that the petitioner has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 7.6.2022.

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, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Delha P.S. Case No. 138 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Gaya.

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