Subham Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65097 of 2022 Arising Out of PS. Case No.-277 Year-2022 Thana- BYPASS District- Patna ====================================================== Subham Kumar S/O Subhash Mahato R/O Mohalla- Bahri Dhawalpur, P.SByepass, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Abhay Kumar, Adv.

For the Opposit e Party/s:

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-02-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Bypass P.S. Case No. 277 of 2022 lodged under Sections 366(A)/34 of the I.P.C.

As per the prosecution case, the allegation has been made by the informant against the petitioner that he has kidnapped the informant's daughter with a purpose of marriage. Learned counsel for the petitioner submits that this allegation made in the F.I.R. is absolutely false, as the said victim of the F.I.R. has been recovered and she has narrated her statement under Section 164 of Cr.P.C. in which she has

Patna High Court CR. MISC. No.65097 of 2022(2) dt.16-02-2023 2/2 categorically stated that she herself left the house and upon getting information that case has been lodged then she returned. He further submits that petitioner is in custody since 12.07.2022 having clean antecedent.

Learned counsel for the State opposes the prayer for bail and submits that the victim has returned and as per statement under Section 164 of Cr.P.C., she is residing with her parents.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VI, Patna City, Patna in connection with Bypass P.S. Case No. 277 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ashishsingh/- U T