Patna High CourtCR. MISC./69751/2023allowed

Suraj Kumar v. The State Of Bihar

2023-12-18Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69751 of 2023 Arising Out of PS. Case No.-355 Year-2022 Thana- ATHMALGOLA District- Patna ====================================================== SURAJ KUMAR SON OF SRI SITA RAM VILLAGE SABNIMA PS ATHMALGOLA DISTRICT PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-12-2023 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 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 version and stated that she went to Andhra Pradesh with the

Patna High Court CR. MISC. No.69751 of 2023(3) dt.18-12-2023 2/2 petitioner and solemnized marriage with him out of her own sweet will. The medical report of the victim shows her age about 17-19 years and doctor opined no sign of recent sexual intercourse. It is further submitted that the petitioner is languishing in judicial custody since 29.1.2023.

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 him on bail. The above named petitioner is directed to be released on bail in connection with Athmalgola P.S. Case No. 355 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 Additional District and Sessions Judge IV, Barh. (Sunil Kumar Panwar, J) Amandeep/- U T