Munna Paswan @ Kumar Vaibhav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70216 of 2023 Arising Out of PS. Case No.-247 Year-2023 Thana- SAHPUR District- Bhojpur ====================================================== Munna Paswan @ Kumar Vaibhav Son Of Prem Paswan @ Deepu Paswan Resident Of Village- Umedpur, P.S.- Brahampur, District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-01-2024 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 Sections 363, 366 and 34 of the Indian Penal Code .

It is a case of abduction of the informant's granddaughter by the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The F.I.R. has been lodged after the inordinate delay of 9 days. The informant and petitioner are co-villagers and there is land dispute going on between them. The victim girl has been recovered and her statement has been recorded under Section 164 of the Cr.P.C. wherein she has stated

Patna High Court CR. MISC. No.70216 of 2023(3) dt.16-01-2024 2/2 that two persons including the petitioner came on a motorcycle and took her away and they kept her with them for 10 days but she has not stated about any physical assault and physical misbehave against the petitioner. As per statement of the victim, she is aged about 19 years who is major. It is further submitted that victim girl also denied for conducting the medical examination. Petitioner has got no criminal antecedent and languishing in judicial custody since 27.06.2023.

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 as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Shahpur P.S. Case No. 247 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Bhojpur at Ara.

(Sunil Kumar Panwar, J) lata/- U T