Ajay Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9485 of 2023 Arising Out of PS. Case No.-290 Year-2022 Thana- MAHESI District- East Champaran ====================================================== Ajay Ram Son of Dahadur Ram, Resident of Village- Garatiya, P.S.- Madhuban, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prateek Tandon, Advocate For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-05-2023 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Mehsi P.S. Case No. 290 of 2022 dated 07.10.2022 lodged under Sections 363 and 366/34 of the I.P.C. and Section 8 of POCSO Act.

As per the prosecution, the allegation against the petitioner is of kidnapping the minor girl for the purpose of marry.

Learned counsel for the petitioner submits that the F.I.R. is out and out false as the victim and petitioner with a view to marry, leave the place and the allegation of kidnapping

Patna High Court CR. MISC. No.9485 of 2023(2) dt.03-05-2023 2/2 is absolutely false. Counsel further submits that the statement of the alleged victim under Section 164 of Cr.P.C. recorded by the court and in the said statement, she has categorically stated that she has love with the petitioner with whom she has married at Muzaffarpur and then reached to Patna.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned 7th Additional District & Sessions Judge-cum-Special Judge, POCSO Act, East Champaran at Motihari in connection with Mehsi P.S. Case No. 290 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C..

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T