Mithilesh Rajak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14970 of 2021 Arising Out of PS. Case No.-3 Year-2020 Thana- AKBARNAGAR District- Bhagalpur ====================================================== MITHILESH RAJAK Son of Kamdev Rajak, Resident of VillageDamodarpur, P.S.- Akbarnagar, P.O.- Rennu Chak Makandpur, DistrictBhagalpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raj Kumar Choudhary, Adv.
For the Opposite Party/s :
Mr.Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-10-2021 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered for the offence punishable under Sections 363, 366/34 of the Indian Penal Code.
Prosecution case, in brief is that the informant is that her daughter Preeti Kumari, who is a student of intermediate, on 25.12.2019 went to college but did not return till night. After search, it was found that one Putul Rajak, nearby villager alongwith informant's daughter friend Rimjhim Kumari for the purpose of marriage has kidnapped her daughter. When the informant went to the house of Putul Rajak and met his family members as mentioned in FIR, they abused and pushed him.
Patna High Court CR. MISC. No.14970 of 2021(3) dt.04-10-2021 2/3 Learned counsel for the petitioner submits that he has filed supplementary affidavit which is kept on record. He submits that the petitioner is innocent and has falsely been implicated in this case. The petitioner is elder brother of the husband, namely Putul Rajak. He further submits that the victim, namely, Preeti Kumari is married with Putul Rajak and her marriage has solemnized in the year 2019 and she is living with her husband.
Learned counsel for the petitioner submits that through the supplementary affidavit stated that she has solemnized marriage with husband namely, Putul Rajak and living with him and she got one child. The petitioner is languishing in judicial custody since 16.08.2020. The petitioner has got no criminal antecedent which is mentioned in para 3 of the bail petition. The similarly situated co-accused have been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 27.01.2021 passed in Cr. Misc. No.28827/2020. Learned APP for the State vehemently opposed the prayer for bail application.
Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five
Patna High Court CR. MISC. No.14970 of 2021(3) dt.04-10-2021 3/3 thousand) with two sureties of the like amount each in connection with Akbarnagar P.S. Case No. 3/2020, G.R. No. 37/2020 to the satisfaction of learned Court below where the case is pending/ successor Court.
(Anjani Kumar Sharan, J) amitkumar/- U T