Manoj Tiwary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85697 of 2024 Arising Out of PS. Case No.-202 Year-2024 Thana- SAHPUR District- Bhojpur ====================================================== Manoj Tiwary Son of Gouri Shankar Tiwary Village- Belauti P.S- Shahpur, Belauthi, District- Bhojpur at Ara ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar, Advocate For the Opposite Party/s :
Mr.Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 20-03-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 366A/34 of the Indian Penal Code.
3. The case of the prosecution is that the petitioner has kidnapped the minor daughter of the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. Further submission is that during the course of investigation, the victim was recovered and she has given her statement under Section under section 164 of the Cr.P.C. in which she has stated that on 23.05.2024 at about 4:00 A.M., she came out of her house and on four lane, he called
Patna High Court CR. MISC. No.85697 of 2024(5) dt.20-03-2025 2/2 Manoj Tiwari. Manoj Tiwari came there and afterthat she took him to Bihiya. From the statement of the victim, it is clear that the victim has gone with her own sweat will. On perusal of paragraph-148 of the case diary, it also transpires that the mother of the victim has stated that as her daughter has not given statement according to her, she will not cooperate in medical and did not present them. Moreover, the petitioner is languishing in judicial custody since 29.06.2024.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Shahpur P.S. Case No. 202/2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM -1st, Ara.
(Ashok Kumar Pandey, J) Jagdish/- U T