Shyam Kahar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61835 of 2022 Arising Out of PS. Case No.-13 Year-2022 Thana- DHANKUND District- Banka ====================================================== SHYAM KAHAR Son of Late Gulabi Kahar Resident of Village - Makaita, P.S.- Dhankund, District - Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Jha, Advocate For the Opposite Party/s :

Mr.Awadhesh Kumar Singh,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 22-03-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 363,366/34 of IPC.

The allegation against the petitioner, as per FIR, is that the petitioner and one Kapil Singh kidnapped the married daughter of the informant, namely, Shobha Devi and sold her to one Kamlesh, lived in Rajsthan.

Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. Further submits that the allegation as alleged in the FIR is false and fabricated and the petitioner was not involved in the present occurrence. Further submits that from perusal of the FIR it transpired that the victim is a married lady and relation between the victim and her husband was bitter. Further submits that the allegation against

Patna High Court CR. MISC. No.61835 of 2022(3) dt.22-03-2023 2/2 the petitioner is that he sold the daughter of the informant. Further submits that in fact the petitioner being the well-wisher of the informant and he was told by the informant to search a suitable person with whom the daughter of the informant to solemnize marriage.

Learned APP for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner and submits that the victim girl was recovered and her statement under Section 164 Cr.P.C. was recorded in which she has categorically stated that the petitioner has forcefully took her away from her maternal home and forced her to perform marriage with co-accused Kamlesh Kumar. Further submits that it has come during investigation that the petitioner has actually participated in the present occurrence.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Dhankund P.S. Case No. 13 of 2022 corresponding to G.R.No.414 of 2022 pending in the Court of learned S.D.J.M., Banka. Prayer is refused.

(Rajesh Kumar Verma, J) Nitesh/- U T