Prayag Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4017 of 2020 Arising Out of PS. Case No.-416 Year-2019 Thana- BAIRIYA District- West Champaran ====================================================== PRAYAG RAM S/o Sri Shambhu Ram R/o village- Siswa Saraiya, P.S.- Bairiya, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-06-2020 Heard both sides.

The matter has been taken up through video conferencing.

The petitioner seeks bail in Bairiya P.S. case No. 416 of 2019 registered under Section 366A/34 of the Indian Penal Code.

The informant, father of the victim, alleged that his daughter had gone to attend the call of nature in the morning. His wife heard sound of her daughter who was crying to save. The informant alleged that Bala Chaudhary and Prayag Ram, the petitioner, kidnapped his daughter on a motor cycle. The learned counsel for the petitioner submits that victim made her statement u/s 164 of the Cr. P. C and she disclosed that she voluntarily went with Bala Choudhary and Bala Chaudhary

Patna High Court CR. MISC. No.4017 of 2020(3) dt.05-06-2020 2/2 did not do any wrong deeds against her. The victim even did not name the petitioner.

The learned APP, however, opposed the prayer for bail. Taking into consideration the facts that the victim, who is best witness of her kidnapping, disclosed that she voluntarily went along with Bala Chaudhary and she did not even name the petitioner, the petitioner, above named is directed to be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, West Champaran, Bettiah in connection with Bairiya P.S. case No. 416 of 2019.

(Prabhat Kumar Jha, J) BKS/- U T