Binod Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8436 of 2022 Arising Out of PS. Case No.-304 Year-2020 Thana- BHANGWANPUR HAT District- Siwan ====================================================== Binod Ram, aged about 35 years (M), Son Of Swaminath Ram, Resident Of Village- Bahadurpur, Police Station- Mashrakh, District-Saran. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party :

Mr. Shahabuddin Azeem @ S. Azeem, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-05-2022 A supplementary affidavit has been filed on behalf of the petitioner. Let it be kept on the record. Heard learned counsel for the petitioner and learned counsel for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

The petitioner is apprehending his arrest in connection with Bhagwanpur Hat P.S. Case No. 304 of 2020 for the offence registered under Sections 366 and 366(A) of the I.P.C. The prosecution story, in brief, is that while the daughter of the informant, namely, Rani Kumari, aged about 15 years, was returning after purchasing articles from Maghar Bazar, on the way, Swaminath Ram, Binod Ram (petitioner),

Patna High Court CR. MISC. No.8436 of 2022(2) dt.16-05-2022 2/3 Mithun Ram and Singaria Devi forcibly kidnapped the victim and taken away from Bolero vehicle. When the victim did not return till evening, the informant and others started searching but she was not traced out. On 26.11.2020, in the morning, the informant came to know that the victim was at Bahadurpur. The informant and others went there and raised objection then the accused side started abusing and threatened to kill them. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has been made accused in the present case due to mistake of fact. The victim has been recovered and her statement under Section 164 Cr. P.C.

has been recorded. The said statement of the victim has been brought on record by way of filing of supplementary affidavit wherein she has stated that she had left the house out of her own will and got married with the son of this petitioner and they are leading conjugal life happily. The allegation as made in the F.I.R. is not supported by the victim in her statement recorded under Section 164 of Cr. P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Patna High Court CR. MISC. No.8436 of 2022(2) dt.16-05-2022 3/3 Considering the aforesaid facts and circumstances of the case, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-Ist Class, Siwan, in connection with Bhagwanpur Hat P.S. Case No. 304 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) U.K./- U T