Patna High CourtCR. MISC./83274/2023allowed

Sudhir Kumar v. The State Of Bihar

2024-03-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83274 of 2023 Arising Out of PS. Case No.-282 Year-2023 Thana- PARAIYA District- Gaya ====================================================== SUDHIR KUMAR SON OF SATENDRA PASWAN R/O VILLAGEPARAIYA KHURD, P.S.- PARAIYA, DISTRICT- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Jha For the Opposite Party/s :

Mr.Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for regular bail has been filed by the petitioner in connection with Paraiya P.S. Case no. 282 of 2023 instituted for the offence under Sections 366A of the Indian Penal Code.

3. It is a case of abduction. As per allegation in the FIR, daughter of the informant, aged about 15 years, went to Paraiya Bazar and did not return till late. On search, informant came to know from neighbor that petitioner Sudhir Kumar has enticed away his daughter.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. There is love affair between the

Patna High Court CR. MISC. No.83274 of 2023(3) dt.19-03-2024 2/2 petitioner and daughter of the informant. Statement of the victim girl was recorded before the magistrate u/s 164 Cr.P.C. in which she has stated that out of her own sweet will, she went out with Sudhir Kumar to Patna and thereafter to Kota. She has not whispered against the petitioner for any offence. Petitioner has no criminal history. He is languishing in judicial custody since 26.7.2023.

5. Learned APP appearing for the State has opposed the prayer of Bail.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. He will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-III, Gaya in connection with Paraiya P.S. Case No. 282 of 2023.

(Sunil Kumar Panwar, J) sushma/- U