Saheb Dom v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70214 of 2022 Arising Out of PS. Case No.-265 Year-2021 Thana- SHIVSAGAR District- Rohtas ====================================================== Saheb Dom Son Of Ram Jee Dom @ Ram Ji Dom R/O Village And P.S.- Kargahar, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashwani Kumar Tiwary For the Opposite Party/s :

Mr.Arvind Kumar Pandey,App 84 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Shivsagar P.S. Case No. 265 of 2021 registered under sections 363 and 366(A) of the Indian Penal Code.

Allegation against the co-accused persons including this petitioner is that they kidnapped the daughter of the informant and on search informant did not trace her daughter. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to previous enmity. It

Patna High Court CR. MISC. No.70214 of 2022(3) dt.29-03-2023 2/3 is further submitted that the statement of the victim was recorded under Section 164 of the Cr.P.C, in which she has not named in the petitioner in the alleged offence. She further stated that her brother-in-law(petitioner) came to her house and forcefully taken away in an auto and brought her to Chandauli where her aunt was living. Further, she does not whisper any complicity about the petitioner and also she has not attributed any allegation of physical wrong against the petitioner. During investigation, no any cogent material came against the petitioner to implicate in the alleged offence. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. He is languishing in judicial custody since 13.09.2021.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as the custody of the petitioner, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Shivsagar P.S. Case No. 265 of 2021 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the

Patna High Court CR. MISC. No.70214 of 2022(3) dt.29-03-2023 3/3 like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Sasaram at Rohtas. (Sunil Kumar Panwar, J) shubham/- U T