Harishankar @ Harishankar Dohre @ Hari Shankar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73262 of 2024 Arising Out of PS. Case No.-557 Year-2023 Thana- KONCH District- Gaya ====================================================== Harishankar @ Harishankar Dohre @ Hari Shankar Son of Munna Lal Yadav @ Munna Lal @ Munnalal R/o Vill.- Aswar, P.S.- Ashwar, Dist.- Bhiwal, M.P.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Umesh Das Son of Vasudev Das R/O Vill.- Simra, P.S.- Kooch, Dist.- Gaya. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Aryan Singh, Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-03-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Konch P.S. Case No. 557 of 2023 instituted for the offences under Section 366A of the Indian Penal Code.

3. Accusation against the petitioner is of luring away the victim girl on the pretext of marriage.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that victim in her Statement recorded under Section 164 of the Cr.P.C. has specifically stated that she left her house on her own sweet will

Patna High Court CR. MISC. No.73262 of 2024(7) dt.06-03-2025 2/3 and this petitioner never gave any compulsion or threat to her. He further submitted that nothing has been whispered against the petitioner in Section 164 Cr.P.C. statement of the victim. It is further submitted that victim has solemnized marriage with the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 26.04.2024 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, there being no material against the petitioner in Section 164 Cr.P.C. statement of the victim as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Konch P.S. Case No. 557 of 2023, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date

Patna High Court CR. MISC. No.73262 of 2024(7) dt.06-03-2025 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Rudra Prakash Mishra, J) Alok Verma/- U T