Satyam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80833 of 2023 Arising Out of PS. Case No.-418 Year-2023 Thana- MAHUA District- Vaishali ====================================================== SATYAM KUMAR Son of Ramesh Mahto @ Baby Mahto R/o vill - Gaddopur, P.S. - mahua, Distt. - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Singh For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in a case registered for the offence punishable under Sections 363, 366 and 34 of the Indian Penal Code.

3. The allegation against the petitioner is that he along with others kidnapped the daughter of the informant for bad intention.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. The F.I.R. has been lodged after the delay of 4 days. As per impugned order statement of victim was recorded u/s 161 and

Patna High Court CR. MISC. No.80833 of 2023(2) dt.14-12-2023 2/2 164 of Cr.P.C. in which she has stated she was in love with the petitioner since long and she went with the petitioner out of her own sweet will with intention to marriage. Good sense has been prevailed between the parties and compromise petition is annexed as Annexure-2 to this petition. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Petitioner is languishing in judicial custody since 11.09.2023.

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 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 Additional District and Sessions Judge-VI-cum-Special Judge, POCSO, Vaishali at Hajipur in connection with Mahua P.S. Case No. 418 of 2023. (Sunil Kumar Panwar, J) lata/- U T