Ritesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7922 of 2023 Arising Out of PS. Case No.-179 Year-2021 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== RITESH KUMAR SINGH Son of Amrendra Kumar Singh Resident of village - Thathopur, P.S.- Baheri, District - Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Miss Kusum Rani For the Opposite Party/s :

Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-04-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 363, 366(A) of the Indian Penal Code.

The allegation against the petitioner is that he kidnapped the daughter of the informant by alluring her for marriage. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the victim has not supported

Patna High Court CR. MISC. No.7922 of 2023(2) dt.17-04-2023 2/3 the prosecution case in her statement recorded u/s 164 Cr.PC, she stated that she left with the petitioner out of her own willingness and solemnized marriage with him, also evident from Annexure-4 of the bail application. He further submits that earlier the informant has lodged Kazi Mohammadpur P.S. Case No.16 of 2021, u/s 368, 366(A) of IPC for the same offence in which statement of the victim was also recorded and after investigation, police submitted charge sheet/final form stating mistake of facts and just after five months, the informant has lodged the instant false case. He further submits the victim has stated her age about 21 years and the learned Court below assessed her age 19 years and the Medical Board assessed her age between 17 to 18 years. Petitioner has one criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his/her 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

Patna High Court CR. MISC. No.7922 of 2023(2) dt.17-04-2023 3/3 court below where the case is pending/Successor Court in connection with Muhammadpur P.S. Case No.179 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) shikha/- U T