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Patna High CourtCR. MISC./652/2024allowed

Chhotu Tanti @ Bikas Kumar v. The State Of Bihar

2024-01-24Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.652 of 2024 Arising Out of PS. Case No.-90 Year-2023 Thana- BATH District- Bhagalpur ====================================================== Chhotu Tanti @ Bikas Kumar Son Of Sudhir Tanti Resident Of Village - Kharwa, P.S. - Asarganj, District - Munger.

... ... Petitioner/s

Versus

1.

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

For the Petitioner/s :

Mr. Subodh Prasad, Advocate For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Bath P.S. Case No. 90 of 2023 for the offences registered under Sections 363, 366 of the Indian Penal Code.

3. As per the prosecution case, petitioner kidnapped the daughter of the informant for the purpose of marriage.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. Victim girl in her statement under Section 164 Cr.P.C. stated that her marriage was fixed with other person and due to that reason she called the petitioner and fled away with him and solemnized marriage with him. There is no allegation by the

Patna High Court CR. MISC. No.652 of 2024(2) dt.24-01-2024 2/2 victim girl of use of any force. The victim is aged about more than 17 years. Petitioner has no criminal antecedent. He is in custody since 12.08.2023. Charge-sheet has already been submitted. There is no chance of tampering with the evidence or absconding of the petitioner.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Bath P.S. Case No. 90 of 2023. (Sunil Dutta Mishra, J) rakhi/- U T