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Patna High CourtCR. MISC./72048/2023allowed

Mithun Prasad v. The State Of Bihar

2023-11-08Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72048 of 2023 Arising Out of PS. Case No.-186 Year-2022 Thana- ISUAPUR District- Saran ====================================================== Mithun Prasad S/O Monaka Prasad R/O Village-Fenhara Gadi, P.S.-Taraia, District-Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shatrughan Pandey For the Opposite Party/s :

Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Section 366(A) of the Indian Penal Code.

It is a case of commission of kidnapping of the minor daughter of the informant by the petitioner and other F.I.R named accused persons.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The victim in her statement recorded under Section 164 Cr.P.C has stated that since her mother had scolded her, therefore, she left her

Patna High Court CR. MISC. No.72048 of 2023(2) dt.08-11-2023 2/2 house in the noon for going to her sister's house. She has not alleged anything against the petitioner and stated that petitioner is likely to be brother of the victim. The petitioner is languishing in custody since 06.08.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Saran at Chapra in connection with Isuapur P.S. Case No. 186 of 2022.

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