← Library
Patna High Court/77460/2023allowed

Amit Kumar v. The State Of Bihar

2023-12-05Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77460 of 2023 Arising Out of PS. Case No.-154 Year-2022 Thana- MAKER District- Saran ====================================================== AMIT KUMAR Son of Supan Singh Resident of Village - Anjani, P.S.- Parsa, Distt.- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-12-2023 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 363, 366/34 of the Indian Penal Code.

3. According to the prosecution case, the petitioner is said to have abducted the minor niece of the informant on the pretext of solemnization of marriage.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted vide para 9 of the petition the victim girl was recovered and her statement has been recorded under section 164 of Cr.P.C., wherein, she did not support the prosecution version and stated

Patna High Court CR. MISC. No.77460 of 2023(2) dt.05-12-2023 2/2 that she went from her home and solemnized marriage in Gudgaon with the petitioner and this fact is also supported by Annexure-2. The petitioner has got no criminal antecedent and languishing in judicial custody since 21.7.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. 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 Maker P.S. Case No. 154 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned J.M. Saran.

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