Patna High CourtCR. MISC./11486/2020bail granted

Abhishek Kumar v. The State Of Bihar

2020-02-28Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11486 of 2020 Arising Out of PS. Case No.-540 Year-2018 Thana- BIHARSHARIF District- Nalanda ====================================================== ABHISHEK KUMAR Son of Sahdev Prasad Singh Resident of Village - Gauragarh, P.S.- Bihar, District- Nalanda-803101 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Section, 363, 365/34 of the Indian Penal Code. The prosecution case in short is that the accused person took the daughter of the informant from the house but later the daughter of the informant did not return. It has been submitted on behalf of the petitioner that the petitioner is in custody since 4.10.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has filed application under section 9 of the Hindu Marriage Act for restitution of conjugal rights with the victim. A false case has

Patna High Court CR. MISC. No.11486 of 2020(2) dt.28-02-2020 2/2 been instituted against the petitioner with the allegation for abducting the victim. Victim is none but his legally wedded wife.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R..

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Biharsharif, Nalanda in connection with Bihar P.S. Case No. 540 of 2018. (Sudhir Singh, J) Pankaj/- U T