Gaurav Kumar @ Jokar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77588 of 2023 Arising Out of PS. Case No.-358 Year-2023 Thana- GRIYAK District- Nalanda ====================================================== GAURAV KUMAR @ JOKAR Son of Gulab Yadav R/o Mohalla - Dhandhauli, P.S. and Distt. - Nawada ... ... Petitioner/s
Versus
THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rana Baljit Singh, Advocate For the Opposite Party/s :
Mr. Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 14-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Giriyak (Pawapuri) P.S. Case No. 358 of 2023 registered for the offence under Sections 366 and 366-A of the Indian Penal Code.
3. As per the prosecution case, the allegation against the petitioner is that he has abducted the daughter of the informant when she was gone to attend natures call.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. He is custody since 21.08.2023.
5. However, learned APP for the State vehemently opposed the prayer for regular bail.
Patna High Court CR. MISC. No.77588 of 2023(3) dt.14-03-2024 2/2
6. On perusal of FIR and case diary, it appears that the petitioner is named in the FIR and no allegation is made out by the victim against the petitioner and also the fact that there is delay of two days in lodging the FIR which creates serious doubt in respect of the allegation as stated in para 8 of the petition.
7. Considering the aforesaid facts and circumstances of the case and also taking into account the period of custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of CJM, Bihar Sharif at Nalanda in connection with Giriyak (Pawapuri) P.S. Case No. 358 of 2023.
(Ramesh Chand Malviya, J) saurabhkr/- U T