Patna High CourtCR. MISC./82425/2023allowed

Jitendra Kumar v. The State Of Bihar

2023-12-20Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82425 of 2023 Arising Out of PS. Case No.-353 Year-2023 Thana- SONEPUR District- Saran ====================================================== JITENDRA KUMAR S/O LATE BIJENDRA RAI R/O VILLAGE/MOHALLA- RAHAR DIYAR, P.S- SONPUR, DISTT.- SARAN. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Kumar Yadav For the Opposite Party/s :

Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 366(A)/34 of the Indian Penal Code.

3. According to the prosecution case, the petitioner along with co-accused is said to have abducted the minor daughter of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. It is also submitted vide para 7 * 8 of the petition that the victim was leading under love affair with co-accused Dahrmendra Kumar and this petitioner is only brother of co-accused Dharmendra Kumar due to which he has falsely been made an accused. The

Patna High Court CR. MISC. No.82425 of 2023(2) dt.20-12-2023 2/2 victim performed marriage with co-accused before the Notary Public on 26.8.2023 in support of this Annexure-P/2 series has been annexed with the petitioner. No specific overt-act of abduction against the petitioner. He has got no criminal antecedent and languishing in judicial custody since 9.7.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sonpur P.S. Case No. 353 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Chapra at Saran.

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