Jitendra Kumar @ Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63791 of 2023 Arising Out of PS. Case No.-482 Year-2022 Thana- PARAIYA District- Gaya ====================================================== Jitendra Kumar @ Pathak Son of Badri Yadav R/o vill - Itwan, P.S. - Paraiya, Distt. - Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamal Kumar Sinha For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-10-2023 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 Sections 363, 366(A) of the Indian Penal Code.

As per FIR, the allegation against the petitioner is that he kidnapped the minor daughter of the informant with bad intention.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to suspicion and village politics. The victim girl was recovered and her statement was recorded under Section 164 of the Cr.P.C., wherein she stated her age 19 years and she further stated that she was in contact with the

Patna High Court CR. MISC. No.63791 of 2023(2) dt.10-10-2023 2/2 petitioner and performed marriage with the petitioner at Vishnupad Temple in Gaya and thereafter they went to Surant where she living peaceful with her husband. She has not raised any finger against the petitioner for any overt act. It is further submitted that the petitioner is languishing in judicial custody since 19.06.2023. 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 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 Paraiya P.S. Case No. 482 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 Chief Judicial Magistrate, Gaya.

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