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Patna High CourtCR. MISC./78340/2023allowed

Dhanraj Kumar v. The State Of Bihar

2023-12-06Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78340 of 2023 Arising Out of PS. Case No.-45 Year-2018 Thana- SHEIKHOPUR SARAI DistrictSheikhpura ====================================================== DHANRAJ KUMAR S/O SAMARNATH SINGH R/O VILLAGEKSHEMA, P.S- SHEKHOPUR SARAI, DISTT.- SHEKHPURA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 363, 366(A), 498(A) of the Indian Penal Code and Sections 3 and 4 of the D.P. Act.

3. The allegation against the petitioner along with others is of abducting the daughter of the informant for the purpose of solemnization of marriage.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. From the perusal of the impugned order, it appears that the victim girl has been recovered and her statement has been recorded u/s 164 of the Cr.P.C., wherein, she

Patna High Court CR. MISC. No.78340 of 2023(2) dt.06-12-2023 2/2 stated that she fled away from her house and solemnized marriage with this petitioner in a temple out of her own sweetwill. He further submitted that the victim girl does not whisper about the complicity of this petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 14.07.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sheikhpura in connection with Sheikhopur Sarai P.S. Case No. 45 of 2018. (Sunil Kumar Panwar, J) Arish/- U T