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Patna High CourtCR. MISC./62915/2023allowed

Jai Ram Ram v. The State Of Bihar

2023-09-22Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62915 of 2023 Arising Out of PS. Case No.-144 Year-2020 Thana- NASRIGANJ District- Rohtas ====================================================== Jai Ram Ram Son Of Ram Jag Ram Resident Of Village -JOGIYAN, PsBikramganj, Distt- Rohtas At Sasaram ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ramakant Kumar Son Of Yogendra Prasad Resident Of Village -HARIHARGANJ, Ward No. 9, Ps- Nasriganj, Dist- Rohtas ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shankar Kumar For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-09-2023

1. 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 376, 366A, 34 of the Indian Penal Code and Section 4/6 of the POCSO Act.

3. As per FIR, the informant alleged that her daughter was enticed away by co-accused namely, Santosh Kumar due to ulterior motives and she also took away cash Rs. 95,000/- with herself.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner happens to be father-in-law of co-accused upon whom the main allegation of abduction has been levelled rather due to

Patna High Court CR. MISC. No.62915 of 2023(2) dt.22-09-2023 2/2 previous land dispute the petitioner has falsely been implicated in this case. The petitioner is not named in the FIR. From perusal of Annexure-3, it appears that compromise has been prevailed between the parties. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 10.01.2022 passe in Cr. Misc. No. 14721 of 2021. It is further submitted that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 16.08.2023.

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 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 Nasriganj P.S. Case No. 144 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court below.

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