Suraj Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78282 of 2024 Arising Out of PS. Case No.-633 Year-2024 Thana- MADHEPURA District- Madhepura ====================================================== Suraj Das, S/O Late Suresh Das Resident of Santu Gali, Singheshwar, Ward No- 9, P.S -Singheshwar, District- Madhepura. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sikendra Prasad Yadav, S/o Late Faudar Yadav, Resident of VillageMohanpur Ward No. 1, P.S.-Madhepura, District-Madhepura. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate For the State :

Mr. Md. Shakir Ahmad, APP.

For the Informant :

Mr. Surya Narain Yadav, Advocate Mr. Sanjay Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 28-02-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner has prayed for regular bail in connection with Madhepura P.S. Case No.633 of 2024 registered for the offence punishable under Sections 363 and 366(A)/34 of the Indian Penal Code.

3. The case of the prosecution is that the petitioner along with two others and four-five unknown miscreants came to the house of the informant. Suraj Das (petitioner) was having a weapon in his hand. It is further alleged that Mahesh Das kidnapped the minor daughter of the informant. It is also alleged that the accused persons also threatened the informant of dire

Patna High Court CR. MISC. No.78282 of 2024(4) dt.28-02-2025 2/3 consequences.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. During course of argument, learned counsel for the petitioner has submitted that from perusal of the order of the trial court, it is clear that the victim has given her statement under Section 164 of the Cr.P.C., wherein she has ruled out the story of her kindapping rather she has stated that she has married with co-accused namely, Mahesh Das out of her own will. In any view of the matter, main thrust of allegation is against Mahesh Das. The petitioner is in custody since 07.08.2024.

5. The learned APP for the State has opposed the application for bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail with a condition that the petitioner shall appear physically on each and every date in the trial court and co-operate in the trial. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial

Patna High Court CR. MISC. No.78282 of 2024(4) dt.28-02-2025 3/3 Magistrate, Madhepura in connection with Madhepura P.S. Case No. 633 of 2024.

7. Accordingly, the present bail application stands allowed.

(Ashok Kumar Pandey, J) durgesh/- U T