Patna High CourtCR. MISC./63068/2023bail granted

Dharmendra Kumar v. The State Of Bihar

2023-10-06Mr. Justice Chandra Prakash Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63068 of 2023 Arising Out of PS. Case No.-192 Year-2021 Thana- KUDHNI District- Muzaffarpur ====================================================== DHARMENDRA KUMAR S/O KALESHWAR PASWAN RESIDENT OF VILLAGE SAKARI SARAIYA, PS- KUDHANI, DIST- MUZAFFARPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Hari Kishore Thakur, Advocate.

For the Opposite Party/s :

Mr. Jitendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-10-2023 Heard learned counsel for the petitioner and the learned A.P.P.

2. The petitioner has preferred this application for grant of regular bail in connection with Kudhani P.S. Case No. 192 of 2021 dated 19.3.2021 registered for the offence punishable under Sections 363, 366-A/34 of the Indian Penal Code.

3. The allegation against the petitioner is that he abducted the daughter of the informant who is aged about 18 years old.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner has clean antecedent, as stated in

Patna High Court CR. MISC. No.63068 of 2023(2) dt.06-10-2023 2/2 paragraph-3 of the bail petition. The petitioner is in custody since 5.4.2023. He also submits that according to the victim girl, she voluntarily left her house and went to Delhi with the petitioner where they remained for one and half months in a rented room. The statement of the victim girl has been recorded under Section 164 Cr. P.C. wherein she has not alleged any wrong of the petitioner. The victim is a major girl and she was not forced to have illicit relationship with another person.

5. Learned A.P.P. has vehemently opposed the bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, the period of custody as well as the nature of allegation against the petitioner, the petitioner above named is directed to be released on bail on his furnishing bail bond of Rs.20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 1st (West), Muzaffarpur, in connection with Kudhani P.S. Case No. 192 of 2021.

(Chandra Prakash Singh, J) S.Ali/- U T