Dipu Vishwas @ Dibu Kumar Vishwas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66078 of 2022 Arising Out of PS. Case No.-32 Year-2022 Thana- AAJAM NAGAR District- Katihar ====================================================== Dipu Vishwas @ Dibu Kumar Vishwas S/O Gorakhnath Vishwas R/O Chakhda, P.S- Aajam Nagar, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhola Prasad, Advocate For the Opposite Party/s :

Mr.Awadhesh Kumar Singh, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-03-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered u/s 323, 363, 366, 504 and 506 read with 34 of the Indian Penal Code.

As per the prosecution case, the petitioner and coaccused persons are alleged to have abducted the daughter of the informant who is aged about 24 years.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The other co-accused persons have already been granted

Patna High Court CR. MISC. No.66078 of 2022(2) dt.23-03-2023 2/2 bail by the Co-ordinate Bench vide order dated 29.11.2022 passed in Cr. Misc. No. 44404 of 2022. Learned counsel further submitted that the victim in her statement recorded u/s 164 of the Cr.P.C has stated the name of the petitioner and she solemnized marriage with the petitioner. Although the victim has taken the name of the petitioner in her statement but in the F.I.R. there is general and omnibus allegation against the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 27.06.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Katihar in connection with Azamnagar P.S. Case No. 32 of 2022.

The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T