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Patna High CourtCR. MISC./828/2023allowed

Sumit Kumar @ Sumit Kumar Mahto v. The State Of Bihar

2023-06-22Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.828 of 2023 Arising Out of PS. Case No.-215 Year-2021 Thana- KHANPURA District- Samastipur ====================================================== Sumit Kumar @ Sumit Kumar Mahto S/O Mani Kant Mahto R/O VillageBhanpur, P.S- Khanpur, District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-06-2023 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 Sections 366, 498, 379 of the Indian Penal Code.

According to F.I.R., the allegation against the petitioner is of kidnapping the daughter-in-law of the informant. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner has falsely been implicated in this case due to the victim was classmate of the petitioner. The victim is a married lady who disclosed the name of the petitioner in her statement recorded u/s 164 of Cr.P.C. in para 52 of the case diary, but she clearly stated that she has not been sexually assaulted or misbehaved by the petitioner. He has got no criminal

Patna High Court CR. MISC. No.828 of 2023(3) dt.22-06-2023 2/2 antecedent. It is further submitted that the petitioner is languishing in judicial custody since 22.08.2022. 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 period of custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Khanpur P.S. Case No. 215 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-VI, Samastipur. (Sunil Kumar Panwar, J) lata/- U T