Krishna Mahi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1244 of 2023 Arising Out of PS. Case No.-222 Year-2022 Thana- BARGAINIA District- Sitamarhi ====================================================== Krishna Mahi S/O Upendra Mathur @ Upendra Mandal R/V- Basantpur, P.S.- Riga, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 370 of the Indian Penal Code.

As per prosecution case, informant alleged that on 31.07.2022, when he was on his duty, petitioner along with a girl was trying to escape upon interrogation it was found that, without giving any information to the parents of the victim girl petitioner intended to take her to Nepal by giving inducements that he will finally take her to Mumbai and help her in becoming a good singer or heroin in the film industry. When informant talked father of the victim on

Patna High Court CR. MISC. No.1244 of 2023(3) dt.19-04-2023 2/3 mobile phone, his father disclosed that petitioner, by enticements intended to take her daughter to Nepal for selling, after that this case has been lodged. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of suspicion. Statement of the victim recorded under Sections 161 and 164 of the Cr.P.C. in the aforesaid statement, it appears that the petitioner has not taken the victim for any immoral purposes. Victim is major and she was accompanying the petitioner out of her own sweet-will. He has got no criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 02.08.2022.

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

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 Bairgania P.S. Case

Patna High Court CR. MISC. No.1244 of 2023(3) dt.19-04-2023 3/3 No. 222 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 Chief Judicial Magistrate, Sitamarhi. (Sunil Kumar Panwar, J) Manish/- U T