Rahul Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4076 of 2024 Arising Out of PS. Case No.-86 Year-2023 Thana- GHOGHARDIHA District- Madhubani ====================================================== Rahul Ram, Male, aged about 18 years, Son of Lal Dev Ram, Resident of Village Kishnipatti, P.S.- Ghoghardiha, District- Madhubani. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Shailendra Kumar Jha, Advocate For the Opposite Party :

Mr. Ajay Kumar No. 2, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-03-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Goghardiha P.S. Case No. 86 of 2023 dated 01.06.2023 registered for the offences punishable under Sections 363 and 366A of the I.P.C.

3. As per the prosecution case, the petitioner is alleged to have kidnapped the informant's daughter on the pretext of marriage. It is further alleged that earlier the petitioner threatened the informant and his daughter for performing marriage of his daughter with him otherwise he will kidnap his daughter. The informant's daughter took away mobile, golden chhak, silver hand bangles, leg bichiya, passbook containing Rs.

Patna High Court CR. MISC. No.4076 of 2024(3) dt.28-03-2024 2/3 2,000/- and cash of Rs. 75,000/- after breaking box which was kept for the purpose of her marriage.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. It is submitted that in paragraph no. 70 of the case diary, the 164 Cr.P.C. statement of the victim is available in which she has stated that she left her house out of her own will and contracted marriage with the petitioner in 'Nirmali Baba Temple' and thereafter they went to Rajasthan by train. There was love affair between the petitioner and the victim girl. There is nothing on record showing that the victim was forced to have illicit intercourse with another person. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail application.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned court concerned, Jhanjharpur, Madhubani, in connection with Ghoghardiha P.S.

Patna High Court CR. MISC. No.4076 of 2024(3) dt.28-03-2024 3/3 Case No. 86 of 2023, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T