Prakash Paswan @ Prakash Kumar Paswan @ Prakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69117 of 2023 Arising Out of PS. Case No.-267 Year-2019 Thana- BIDUPUR District- Vaishali ====================================================== Prakash Paswan @ Prakash Kumar Paswan @ Prakash Kumar S/O Manjeet Paswan R/O Village- Chandpura, P.S- Bidupur, Distt.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pranav Kumar Mr. Rajeev Ranjan No.II Mrs. Priyanka Kumari Mrs. Kumari Rupam Mr. Bhuwneshwar Mahto For the Opposite Party/s :

Mr. Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 363, 366A and 120(B) of the Indian Penal Code.

As per FIR, the allegation against the petitioner is that he abducted the minor granddaughter of informant with the help of other accused persons.

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 compliant petition has been filed after more than 25 days of the alleged occurrence without giving any explanation for delay. The victim girl has been

Patna High Court CR. MISC. No.69117 of 2023(3) dt.03-01-2024 2/2 recovered and her statement has been recorded under Section 164 of the Cr.P.C., which is annexed with case diary, wherein victim has stated that this petitioner had taken away her to Delhi but she has not complained in respect of any physical assault and physical misbehave against the petitioner. It is further submitted that the petitioner has got no criminal antecedent and languishing in judicial custody since 08.06.2023.

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

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 Bidupur P.S. Case No. 267 of 2019 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur.

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