Bifan Kharwar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78416 of 2023 Arising Out of PS. Case No.-467 Year-2023 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Bifan Kharwar S/O Late Batwa Kharwar Village- Baradih @ Baradhi, Ps. Agrer, District Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajani Kant Singh, Advocate For the Opposite Party/s :
Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 15-03-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Sasaram (M) P.S Case No. 467 of 2023 registered for the offences punishable under Sections 363 and 365 of the Indian Penal Code.
3. As per the prosecution case, the allegation against the petitioner is that he has kidnapped the daughter of the informant when she went outside of her house to attend natures call.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is also submitted that petitioner is in judicial custody since 20.08.2023.
5. However, learned APP for the State opposes the prayer for regular bail of the petitioner.
6. On perusal of the FIR, case diary, impugned order
Patna High Court CR. MISC. No.78416 of 2023(4) dt.15-03-2024 2/2 dated 12.10.2023 passed by learned Ist, Additional Sessions Judge, Rohtas at Sasaram and statement of the victim recorded under Section 164 of the Cr.P.C., it appears that the victim as admitted that she has gone with the petitioner with own will and she wants to marry with the petitioner. Both the parties have compromised this case before the trial Court which is on record.
7. Considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner 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 Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sasaram (M) P.S Case No. 467 of 2023.
(Ramesh Chand Malviya, J) saurabhkr/- U T