Bhola Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82997 of 2023 Arising Out of PS. Case No.-373 Year-2022 Thana- SARAIYA District- Muzaffarpur ====================================================== Bhola Kumar Son Of Tulsi Ram Resident Of Village - Koiriya Nijamat, P.S. - Paru, District - Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rathore Vasundhara For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Sections 363, 366(A)/34 of the Indian Penal Code. It is a case of commission of kidnapping of the minor sister of the informant.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. For the alleged occurrence

Patna High Court CR. MISC. No.82997 of 2023(2) dt.08-01-2024 2/3 of 30.05.2022, the F.I.R was registered on 05.06.2022 without explaining the delay. Though the victim in her 164 Cr.P.C statement has supported the factum of her kidnapping but she has not alleged any forceful sexual assault upon her against the petitioner. In fact, the petitioner and the victim girl were in love with each other and both have performed marriage. The marriage certificate has been annexed as Annexure-P/4 to the petition. The petitioner is languishing in custody since 16.08.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Asst. Chief Judicial

Patna High Court CR. MISC. No.82997 of 2023(2) dt.08-01-2024 3/3 Magistrate-IV, Muzaffarpur in connection with Saraiya (Jaitpur) P.S. Case No. 373 of 2022.

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