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Patna High CourtCR. MISC./68670/2022allowed

Rajdeo Das v. The State Of Bihar

2023-02-27Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68670 of 2022 Arising Out of PS. Case No.-658 Year-2022 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Rajdeo Das S/O Late Prabhu Das Resident Of Village- Dighi Kala Pashchimi, P.S.- Sadar District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-02-2023 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 Hajipur Sadar P.S. Case No. 658 of 2022 registered under sections 363, 366(A), 504, 506 and 34 of the Indian Penal Code.

Prosecution case in short is that the grand daughter of the informant was being forcefully kidnapped by the co-accused Anoj Kumar with the assistance of 3-4 unknown persons. Allegation against the petitioner is that he abused and threatened the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is the father of the co-accused Anoj Kumar due to

Patna High Court CR. MISC. No.68670 of 2022(2) dt.27-02-2023 2/2 which he has falsely been implicated in this case. The statement of victim recorded under section 164 of the Cr.P.C., in which she stated that she was in love with the co-accused Anoj Kumar and she herself eloped from the house and solemnized marriage with co-accused out of her own sweet will. She does not whisper any complicity about the petitioner in this case. During course of investigation, there is no direct evidence against the petitioner. He has got no criminal antecedent. He is languishing in judicial custody since 22.08.2022.

The application for bail is vehemently 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, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Hajipur Sadar P.S. Case No. 658 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M, Vaishali, Hajipur.

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