Patna High CourtCR. MISC./70084/2023allowed

Bipi Kumar v. The State Of Bihar

2023-11-02Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70084 of 2023 Arising Out of PS. Case No.-36 Year-2023 Thana- BANDHUWA KURAWA District- Banka ====================================================== BIPI KUMAR SON OF BALESHWAR YADAV VILL-KUHKA PSKATORIA DIST-BANKA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 341, 323, 366A, 504 and 34 of the Indian Penal Code.

3. As per FIR, the allegation against the petitioner is that he kidnapped the daughter of the informant for the purpose of marriage.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. From perusal of the impugned order, it appears that statement of the victim girl was recorded u/s 164 of Cr.P.C. wherein she has stated that she went to the house of maternal

Patna High Court CR. MISC. No.70084 of 2023(2) dt.02-11-2023 2/2 grandmother without informing her mother. She has not whispered a word against the petitioner nor any allegation of kidnapping has been alleged against him. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Petitioner is languishing in judicial custody since 25.07.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Bandhua Kuraba P.S. Case No. 36 of 2023. (Sunil Kumar Panwar, J) lata/- U T