Dhiraj Kumar @ Dharnidhar Kumar @ Dhirnidhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71137 of 2024 Arising Out of PS. Case No.-33 Year-2024 Thana- Kadwa District- Bhagalpur ====================================================== Dhiraj Kumar @ Dharnidhar Kumar @ Dhirnidhar Son of Birendra Mandal Resident of Village -Gangapur Kachhari Tola, PS- Kishanpur Ratwara, DistMadhepura ... ... Petitioner/s

Versus

The State of Bihar ...

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

For the Petitioner/s :

Mr. Amrendra Kumar, Advocate For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-11-2024 Heard Mr. Amrendra Kumar, learned counsel for the petitioner, Mrs. Renu Kumari, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with Kadwa P.S. Case No. 33 of 2024, instituted for the offences punishable under Sections 363(A), 366/34 of the Indian Penal Code.

3. The prosecution case, in short, is that, on the pretext of marriage the petitioner along with other co-accused persons abducted the sister of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.71137 of 2024(3) dt.20-11-2024 2/3 present case. Charge-sheet has been submitted in this case. Learned counsel for the petitioner also submits that there is delay of 11 days in lodging the FIR. There was love affair between the petitioner and the victim. The victim has stated before the police that she fled away on her own will from her house alone, called the petitioner and they went to Kishanganj Court where they performed marriage on 13.06.2024 and they are living as husband and wife. It is further submitted that the victim in her statement recorded under Section 164 Cr.P.C. has not supported the prosecution case and also stated that she has no any complain against the petitioner and other family members of the petitioner. The petitioner is in custody since 22.06.2024 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.71137 of 2024(3) dt.20-11-2024 3/3 below/concerned Court in connection with Kadwa P.S. Case No. 33 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T