Patna High CourtCR. MISC./66420/2023allowed

Aditya Kumar v. The State Of Bihar

2023-12-05Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66420 of 2023 Arising Out of PS. Case No.-34 Year-2023 Thana- MEHANDIGANJ District- Patna ====================================================== ADITYA KUMAR S/O SHITAB LAL PASWAN @ SITLAB PASWAN R/O VILLAGE- NEURA GAON GHUR-GHUR TOLA, P.S- NEURA, DISTT.- PATNA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mirtyunjay Kumar Mishra For the Opposite Party/s :

Mr.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-12-2023 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 sections 363, 366(A)/34 of the Indian Penal Code.

3. According to the prosecution case, the petitioner is said to have abducted the minor daughter of the informant on the pretext of solemnization of marriage.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The victim girl was recovered and her statement has been recorded under section 164 of Cr.P.C., wherein, she did not support the prosecution

Patna High Court CR. MISC. No.66420 of 2023(3) dt.05-12-2023 2/2 version and stated that she went from her home and solemnized marriage with this petitioner in a temple out of her own sweet will. She also stated her age about 18 years. The petitioner has got no criminal antecedent as stated in para-3 of the bail petition and languishing in judicial custody since 9.4.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. 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 Mehandiganj P.S. Case No. 34 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 Judicial Magistrate 1st Class, Patna City at Patna.

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