Aditya Raj Vardhan @ Aditya Raj Bardhan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7402 of 2019 Arising Out of PS. Case No.-385 Year-2018 Thana- CHANDI District- Nalanda ====================================================== ADITYA RAJ VARDHAN @ ADITYA RAJ BARDHAN S/o Rajeev Ranjan @ Rajeev Kumar @ Pappu village-Hanumangarh, P.S-Chandi, District Nalanda ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Harsh Singh For the Opposite Party/s :
Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-05-2019 Heard learned counsel for the parties.
The petitioner is apprehending his arrest in connection with Chandi P.S.Case No.385 of 2018 , registered for offences punishable under Sections 366(A)/34 of the Indian Penal Code. Allegation as per FIR is that there is allegation that minor daughter of the informant had gone for coaching and thereafter she did not return and later on he came to know that Mithun Kumar has kidnapped her and further appears that later on he came to know that her two friends were also missing and he suspects the hands of the petitioner and one Ravi Kumar. Submission of the learned counsel for the petitioner is that Ravi Kumar, Mithun Kumar and the girls were recovered and at that time they have not disclosed the hands of the
Patna High Court CR. MISC. No.7402 of 2019(4) dt.09-05-2019 2/3 petitioner and as a matter of fact the statement of the girl has been recorded under Section 164 Cr.P.C. in which she has not supported the prosecution case rather she has stated that she had married with Mithun Kumar and another girl has married with Ravi Kumar and third girl has married with the petitioner. No doubt the other two girls have not made such statement rather they have stated that they have been kidnapped but they have also stated about the marriage and as such there is contradiction between the statement of the girls and so far statement of the girl recorded under Section 164 Cr.P.C. Is concerned, it clearly appears to be a case of love affairs. It is further submitted that one girl is major though the FIR shows minor.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of order be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-I, Hilsa in
Patna High Court CR. MISC. No.7402 of 2019(4) dt.09-05-2019 3/3 connection with Chandi P.S.Case No.385 of 2018 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.
With the aforesaid direction, this application is allowed.
(Vinod Kumar Sinha, J) chn/- U T