Dharambir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64440 of 2022 Arising Out of PS. Case No.-753 Year-2021 Thana- KANTI District- Muzaffarpur ====================================================== DHARAMBIR KUMAR S/o Shree Basisth Mahto R/o Village- Kanti Gope Tole, P.S.- Kanti, Distt- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bela Singh For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-02-2023 Learned counsel for the petitioner is permitted to make some necessary correction in the petition during course of the day.

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 Section 366A, 34 of the Indian Penal Code.

As per prosecution case, informant alleged that on 25.11.2021 when he returned his home from work, his daughter, aged about 17 years was not present in the house. On search, it has come to know that his daughter was abducted by the petitioner.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.64440 of 2022(2) dt.21-02-2023 2/2 petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted vide para 11 of the petition that the victim did not state any complicity of the petitioner in her statement recorded under section 164 of Cr.P.C. She also stated that she is major and married with the petitioner namely, Dharmbir in a temple and wants to live with him. The petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 27.08.2022.

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, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kanti P.S. Case No. 753 of 2021 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, West Muzaffarpur.

(Sunil Kumar Panwar, J) Aman/Manish/- U T