Satish Kumar @ Satish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72272 of 2023 Arising Out of PS. Case No.-232 Year-2022 Thana- BIHAR District- Nalanda ====================================================== SATISH KUMAR @ SATISH YADAV son of Ganauri Prasad @ Ganauri Yadav Village- Garhpar Ps- Bihar Dist- Nalanda P/A- Village- Khaira PsHarnaut Dist- Nalanda, Bihar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ajay Kumar Prasad son of Vijay Kumar Prasad Village- Ratanpur PsIslampur Dist- Nalanda ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uma Shankar Sharma For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 366(A) and 34 of the Indian Penal Code.

3. The allegation against the petitioner along with another is of abducting the daughter of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and the victim girl has been recovered. During investigation, the name of the petitioner has transpired in this case because the

Patna High Court CR. MISC. No.72272 of 2023(2) dt.09-11-2023 2/2 petitioner only dropped the co-accused Sunil Kumar and the victim to the bus-stand. The statement of the victim has been recorded u/s 164 of the Cr.P.C. in which she does not whisper about the complicity of the petitioner. From the perusal of the FIR, it is apparent that there is no specific overt act against the petitioner rather the specific allegation against co-accused Sunil Kumar. Charge-sheet has already been submitted against the petitioner. He is languishing in judicial custody since 16.02.2023.

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

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, 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 C.J.M., BiharSharif (Nalanda) in connection with Bihar P.S. Case No. 232 of 2022. (Sunil Kumar Panwar, J) Arish/- U T