Patna High CourtCR. MISC./21601/2021allowed

Rajesh Harijan @ Aman Kumar v. The State Of Bihar

2021-10-26Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21601 of 2021 Arising Out of PS. Case No.-709 Year-2020 Thana- KAHALGAON District- Bhagalpur ====================================================== RAJESH HARIJAN @ AMAN KUMAR, Son of Aditya Anthoni, Resident of Village - Ghogha Bazar, P.S. - Ghogha, District - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh, Adv.

For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-10-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 366(A)/34 of the Indian Penal Code.

Allegation against the petitioner alongwith other accused persons is said to have kidnapped the daughter of the informant for marriage purpose.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He submits that as per matriculation certificate date of birth of the victim is 22.11.2003 and she is become a verge of maturity and she has voluntarily gone alongwith the petitioner so no case of Section 366 (A) of the I.P.C. is made out against

Patna High Court CR. MISC. No.21601 of 2021(3) dt.26-10-2021 2/2 the petitioner.

Learned counsel for the petitioner further submits that there is no eye witnesses in the present case and there is no allegation of sexual assault against the petitioner. The petitioner is languishing in judicial custody since 28.11.2020. The petitioner has got no criminal antecedent which is mentioned in para 3 of the bail petition.

Learned APP for the State vehemently opposed the prayer for bail application.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Kahalgaon (Ghogha) P.S. Case No. 709/2020 to the satisfaction of learned Court below where the case is pending/ successor Court.

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