Patna High CourtCR. MISC./77646/2023allowed

Prabhash Jha v. The State Of Bihar

2024-02-27Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77646 of 2023 Arising Out of PS. Case No.-537 Year-2020 Thana- BIHPUR District- Bhagalpur ====================================================== Prabhash Jha Son Of Beena Jha Resident Of Village - Amor, Police Station - Banipatti, District - Madhubani ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-02-2024 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 366, 366A, and 34 of the Indian Penal Code.

3. As per FIR, the informant alleged that the petitioner and co-accused persons abducted her daughter due to ulterior motives.

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 present case merely on the basis of suspicion. As per statement of the victim recorded under Section 164 of the

Patna High Court CR. MISC. No.77646 of 2023(3) dt.27-02-2024 2/2 Cr.P.C., wherein she has stated that she left to Delhi from her house lonely thereafter, she met with this petitioner and she fall in love with him. Thereafter, they solemnized marriage in a temple. The petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 19.08.2022.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bihpur P.S. Case No. 537 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II, Naugachia, Bhagalpur.

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