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Patna High Court - Orders

Raja Das vs The State Of Bihar on 7 April, 2023

Author: Sunil Kumar Panwar

Bench: Sunil Kumar Panwar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5470 of 2023
                      Arising Out of PS. Case No.-510 Year-2022 Thana- AMARPUR District- Banka
                 ======================================================
                 Raja Das Son Of Sri. Janardan Das @ Sri. Janardhan Das R/V- Devda
                 Maniyarpur, P.S- Banka Dist- Banka

                                                                                 ... ... Petitioner/S
                                                      Versus
                 The State Of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ajay Mukherjee
                 For the Opposite Party/s :      Mr.Pushpa Sinha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR
                                       ORAL ORDER

2   07-04-2023

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 366(A)/34 of the Indian Penal Code.

The allegation against the petitioner and other co-accused persons is that they abducted the daughter of informant for purpose of solemnization of marriage. When the informant went to the house of accused persons, they abused and threatened her.

It is submitted by learned counsel for the Patna High Court CR. MISC. No.5470 of 2023(2) dt.07-04-2023 2/3 petitioner that the petitioner is innocent and he has falsely been implicated in the present case. The victim has not complained anything against the petitioner, in her statement recorded under Section 164 of Cr.P.C. She has stated that her brother forcefully sold her to three another boys who belong from Rajasthan. She has not whispered about the complicity of petitioner in her abduction. It is further submitted that victim is aged about 19 years of age. She is major and she presently lived with the father of petitioner, with her own sweet will. Moreover, the petitioner is languishing in judicial custody since 19.09.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, Patna High Court CR. MISC. No.5470 of 2023(2) dt.07-04-2023 3/3 this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Amarpur P.S. Case No. 510 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka/ concerned Court.

(Sunil Kumar Panwar, J) nirajkrs/-

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