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Patna High CourtCR. MISC./64772/2023allowed

Manish Kumar Safi @ Manish Rajak v. The State Of Bihar

2023-10-11Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64772 of 2023 Arising Out of PS. Case No.-116 Year-2023 Thana- KALUAHI District- Madhubani ====================================================== MANISH KUMAR SAFI @ MANISH RAJAK S/O SATYADEV SAFI RESIDENT OF VILLAGE-HARIPUR MALTOL, P.S- KALUAHI, DISTRICTMADHUBANI. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhakar Thakur For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-10-2023 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 section 363, 366A, 504, 506 and 34 of the Indian Penal Code.

3. As per FIR, the informant alleged that the petitioner and co-accused persons abducted her daughter due to ulterior motives.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this present case merely on the basis of suspicion. From perusal of the impugned order, it appears that as per statement of the vic-

Patna High Court CR. MISC. No.64772 of 2023(2) dt.11-10-2023 2/2 tim recorded under Sections 161 and 164 of the Cr.P.C., wheriein she has stated that the she was in love with this petitioner and she went with him with her own sweet will. It is further submitted that both went Nepal thereafter, the solemnized marriage the medical report has also not supported the prosecution version. The petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 31.07.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kaluahi P.S. Case No. 116 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Ist, Madhubani. (Sunil Kumar Panwar, J) manishkumar/- U T