Patna High CourtCR. MISC./73796/2023bail granted

Akash Kumar v. The State Of Bihar

2024-02-20Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73796 of 2023 Arising Out of PS. Case No.-672 Year-2023 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Akash Kumar, aged about 20 years, Male Son of Nuntun Ram @ Natun Ram, Resident of Village Dronpur Belahia, P.S. - Ahiyapur, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Bela Singh, Advocate For the Opposite Party/s :

Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Ahiyapur PS Case No. 672 of 2023 instituted for the offences punishable under Sections 363 and 366/34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner enticed away informant's daughter for the purpose of marriage.

4. Learned counsel for the petitioner submits that the petitioner is innocent has committed no offence and has falsely been implicated in this case. From perusal of the FIR, case diary, statement under Section 164 of the victim girl and impugned order of the learned Sessions Judge, Muzaffarpur

Patna High Court CR. MISC. No.73796 of 2023(3) dt.20-02-2024 2/2 dated 19.09.2023, it appears that petitioner is named in the FIR. At the time of incident victim is major and she is 19 years as stated in the FIR and also the victim girl in her statement under Section 164 of the Cr.P.C. stated that petitioner has eloped herself on the pretext of marriage. Nothing has been stated regarding rape or coercion or abduction against this petitioner. She voluntarily reside with the petitioner. Petitioner is in custody since 17.06.2023.

5. Learned APP opposes the prayer for bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner above named 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 the learned Chief Judicial Magistrate, Muzaffarpur in connection with Ahiyapur PS Case No. 672 of 2023.

(Ramesh Chand Malviya, J) Anand Kr.

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