Hardeo Kaushik v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66522 of 2022 Arising Out of PS. Case No.-50 Year-2022 Thana- BANDEYA District- Aurangabad ====================================================== Hardeo Kaushik Son Of Chanarik Kaushik R/O Rustamchak, P.S.- Sakurabad And District- Jehanabad, Pin- 804424 (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-04-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 363, 365 of the Indian Penal Code.

It is a case of kidnapping the son of the informant by all the F.I.R named accused persons including the petitioner.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.66522 of 2022(4) dt.28-04-2023 2/3 been implicated in this case. There is no consistent material evidence against the petitioner and only on the basis of suspicion, the petitioner has been roped in the present case. It is not a case of kidnapping rather it is a case of love affairs and the son of the informant has fled away with the sister-in-law of the petitioner for which wife of the petitioner has filed Makhdumpur P.S. Case No. 596 of 2022. For the alleged occurrence of 02.08.2022, the F.I.R was lodged on 15.08.2022 without explaining the delay. The petitioner is languishing in custody since 16.08.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Bandeya P.S.

Patna High Court CR. MISC. No.66522 of 2022(4) dt.28-04-2023 3/3 Case No. 50 of 2022.

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