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Patna High CourtCR. MISC./78829/2023allowed

Saurav Kumar @ Saurav Kumar Singh v. The State Of Bihar

2024-02-29Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78829 of 2023 Arising Out of PS. Case No.-374 Year-2022 Thana- KHARHAGPUR District- Munger ====================================================== Saurav Kumar @ Saurav Kumar Singh Son Of Mirtunjay Singh @ Mritun Singh Resident Of Village - Kishanpur, Police Station - Haveli Kharagpur, District - Munger ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Viveka Nandsingh For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-02-2024 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 366(A), 34 of the Indian Penal Code.

3. The allegation against the petitioner along with another is of abducting the daughter of the informant with an

Patna High Court CR. MISC. No.78829 of 2023(3) dt.29-02-2024 2/3 intention to 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. There has been delay of about 16 days in lodging the present FIR. He submitted that the victim girl has been recovered and her statement has been recorded u/s 164 of the Cr.P.C., wherein, she stated that she was well acquainted with this petitioner and she went to Durgapur with him. The victim girl further stated that she solemnized marriage with this petitioner in a temple and they both live conjugal life but after sometime some altercation took place between them and the petitioner declined to live with her. He submitted that from the perusal of the victim's statement, it is apparent that it's a case of love affair between both the parties and there is no complaint with regard to the sexual abuse or assault against the petitioner to the victim. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 21.09.2023.

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

Patna High Court CR. MISC. No.78829 of 2023(3) dt.29-02-2024 3/3 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 A.C.J.M.-IVth, Munger in connection with Kharhagpur P.S. Case No. 374 of 2022.

(Sunil Kumar Panwar, J) Arish/- U T