Mithun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72214 of 2023 Arising Out of PS. Case No.-56 Year-2023 Thana- JANTA BAZAR District- Saran ====================================================== Mithun Kumar Son Of Sri Bachan Rai @ Rambachan Yadav Resident Of Village - Mirzapur Parsi Bhagat Ke Tola, P.S. - Janta Bazar, District - Saran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bishwajeet Singh For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for regular bail has been filed by the petitioner registered for the offence punishable under Sections 363, 366, 366-A, 504/34 of the Indian Penal Code.

3. Prosecution case relates to abduction of sister of the informant by the petitioner in connivance with his other family members for the purpose of marriage.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. There is love affair between the petitioner and sister of the informant. Victim was in talking term with the petitioner for the last few years. Statement of the victim girl was recorded u/s 164 Cr.P.C. in which she has stated that petitioner took her to Chapra junction by motorcycle and from there to Gorakhpur and then to Delhi. She lived with him at Delhi on roadside for more than 10 days but neither petitioner did any misbehavior nor made

Patna High Court CR. MISC. No.72214 of 2023(3) dt.15-01-2024 2/2 physical relationship with the victim girl. She has not raised any finger against the petitioner for any overt act. In whole episode, the victim girl has not raised any alarm in her protection. Now the victim has been married elsewhere. Petitioner is languishing in judicial custody since 28.4.2023.

5. Learned APP appearing for the State has opposed the prayer of Bail.

6. 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 enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial magistrate 1st Class, Saran in connection with Janta Bazar P.S. Case No. 56 of 2023.

(Sunil Kumar Panwar, J) sushma/- U