← Library
Patna High CourtCR. MISC./63066/2022bail granted

Shahil Kumar v. The State Of Bihar

2023-04-03Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63066 of 2022 Arising Out of PS. Case No.-428 Year-2022 Thana- GAURICHAK District- Patna ====================================================== SHAHIL KUMAR S/O SANJAY SINGH @ SANJAY KUMAR SINGH Resident of Village- Taranpur, P.S.- Gaurichak, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Nityanand, App ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 03-04-2023 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Gaurichak P.S. Case No. 428 of 2022 registered for the offence(s) punishable under Section(s) 363, 366(A)/34 of the Indian Penal Code.

As per the prosecution, the informant alleged that his minor daughter aged about 17 years was enticed by this petitioner and his brother for marriage and they eloped with jewelleries and cash.

The main submissions advanced by the learned counsel for the petitioner are that the petitioner is a young person having fair and clean antecedent and the victim girl has been recovered and she has recorded her statement before

Patna High Court CR. MISC. No.63066 of 2022(3) dt.03-04-2023 2/2 Judicial Magistrate, of which copy has been filed vide Annexure 2, in which she did not make any allegation against the petitioner and petitioner has been languishing in jail since 12.07.2022.

Learned APP appearing for the State has opposed the bail prayer.

In view of the facts, as stated above, and mainly considering the victim's statement recorded under Section 164 of Cr.P.C. filed as Annexure 2 in which she did not support the main allegation of the FIR, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Gaurichak P.S. Case No. 428 of 2022.

(Shailendra Singh, J) Sanjay/- U T