Patna High CourtCR. MISC./71763/2023allowed

Anwar Sai v. The State Of Bihar

2024-01-30Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71763 of 2023 Arising Out of PS. Case No.-313 Year-2023 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== Anwar Sai Son Of Rustam Sai R/O Village- Budhar, P.S.- Kudra, DistrictKaimur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashikant For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-01-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. Perused the case diary.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 363, 366 (A) of the Indian Penal Code.

Allegation against the petitioner is that he abducted the daughter of the informant for the purpose of marriage. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of suspicion. The victim girl has been recovered and her statement was recorded under Section 164 of the Cr.P.C., wherein she has stated that she was in love with this petitioner and she went with

Patna High Court CR. MISC. No.71763 of 2023(3) dt.30-01-2024 2/2 him out of her own sweet will. She has not stated about any physical assault and physical misbehave against the petitioner. It is further submitted that the petitioner has got no criminal antecedent and languishing in judicial custody since 19.08.2023. Learned APP appearing for the state and learned counsel for the informant have opposed the prayer of regular bail. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Kudra P.S. Case No. 313 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, POCSO Act-cum-A.D.J.-VI, Kaimur at Bhabhua. (Sunil Kumar Panwar, J) lata/- U T