Ajay Giri @ Ajay Kumar Giri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12567 of 2020 Arising Out of PS. Case No.-97 Year-2019 Thana- THAKRAHA District- West Champaran ====================================================== AJAY GIRI @ AJAY KUMAR GIRI son of Mahatans Giri Resident of Village-Thakuraha, Tola Sona Bhawani, P.O and P.S-Thakaraha, District-West Champaran.
... ... Petitioner.
Versus
The State of Bihar ... ... Opposite Party.
====================================================== Appearance :
For the Petitioner :
Mr. Suresh Prasad Sharma, Advocate.
For the State :
Mr. Binod Kumar, A.P.P.
For the Informant ;
Mr. Jitendra Nath Tiwary, Advocate.
Mr. Sanjeeb Kumar Sanju, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 30-06-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State as also the learned counsel for the informant through Video Conferencing.
The petitioner seeks bail in connection with Thakraha P.S. Case No.97 of 2019/C.I.S. No.427 of 2019/G.R. No.1231 of 2019 registered under Sections 363 and 366 of the Indian Penal Code.
The accusation is that the informant Suresh Ram along with his wife had gone to the field for doing the agricultural work. When the informant returned in the noon at his house, then he did not find his daughter, aged about 17 years, at the house. While search was made to trace out her but
Patna High Court CR. MISC. No.12567 of 2020(4) dt.30-06-2020 2/3 she was not found. Thereafter, the informant talked to his daughter on mobile, who informed him that she has been accompanied by Ajay Giri (petitioner) for the purpose of providing her to job. While the informant again tried to talk to his daughter but Ajay Giri (petitioner) did not permit her to talk. Thereafter, the informant went to the house of the petitioner and the family members of the petitioner assured him to recover his daughter but she did not recover.
Learned counsel appearing on behalf of the petitioner submits that, in fact, for the purpose of getting the job, the daughter of the informant had gone with the petitioner but with an ulterior motive, the informant has lodged the present case. In her statement recorded under Section 164 of the Code of Criminal Procedure on 23.10.2019, the daughter of the informant has stated about her moving with the petitioner at her own sweet will for getting the job. She has not made any complaint against the petitioner about misbehaving with her or committing rape on her. She has also admitted that she returned to her village after knowing about the lodging of the present case. The petitioner has no criminal antecedent and is in custody since 23.11.2019.
Having regard to the facts and the circumstances of
Patna High Court CR. MISC. No.12567 of 2020(4) dt.30-06-2020 3/3 the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the 1st Additional Sessions Judge, Bagaha, West Champaran, in connection with Thakraha P.S. Case No.97 of 2019/C.I.S. No.427 of 2019/G.R. No.1231 of 2019. (Rajendra Kumar Mishra, J) P.S./- U T