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Patna High CourtCR. MISC./3810/2023allowed

Md. Raju @ Raju v. The State Of Bihar

2023-02-10Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3810 of 2023 Arising Out of PS. Case No.-98 Year-2018 Thana- BANGARA District- Samastipur ====================================================== MD. RAJU @ RAJU Son of Md. Faruk R/v- Hari Shankarpur Baghauni, P.S.- N. H. Bangra, District of Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajoday Satyjeet, Adv.

For the Opposite Party/s :

Mr.Suman Kumari Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-02-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 363/366A of the Indian Penal Code.

Allegedly, petitioner, along with one other person, is said to have kidnapped the informant's daughter and took her away with intention to marry with her.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that the statement of the victim girl u/s

Patna High Court CR. MISC. No.3810 of 2023(2) dt.10-02-2023 2/2 164 Cr.P.C. has been recorded in which she has not supported the prosecution case and stated that she has gone with the accused person with her own sweet will. He further stated that she has been living with the petitioner happily. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case as well as the statement of the victim u/s 164 Cr.P.C., let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with N.H. Bangara P.S. Case No. 98 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T