Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13995 of 2020 Arising Out of PS. Case No.-673 Year-2014 Thana- LAKHISARAI District- Lakhisarai ====================================================== AJIT KUMAR Son of Umesh Saw @ Umesh Sao Resident of Village - Bari Pokhar, Purani Bazar, P.S.- Lakhisarai, Dist.- Lakhisarai. ... ... Petitioner.

Versus

The State of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Sanjeev Kumar, Advocate.

For the State :

Mr. Rana Randhir Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-10-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State, through Video Conferencing. The petitioner seeks bail in connection with Lakhisarai P.S. Case No.673 of 2014/Sessions Trial No.36 of 2018 registered under Sections 366(A) and 120(b) of the Indian Penal Code.

The accusation is that the niece of the informant Pramod Kumar, aged about 13 years, had gone to study at the Coaching Centre near Natraj Chemical but she did not return to the house. Thereafter, the informant reached at the said Coaching Centre and made query to the Manager of the said Coaching Centre, who replied the informant that his niece did not come to study at the said Coaching Centre on the said date.

Patna High Court CR. MISC. No.13995 of 2020(5) dt.12-10-2020 2/3 In course of her search, the informant came to know that Ajit Kumar (petitioner), the brother-in-law of his neighbour Narain Sao, has enticed away his minor niece.

Learned counsel appearing on behalf of the petitioner submits that, in fact, due to love affair, the niece of the informant moved with the petitioner but, later on, under the pressure of the informant, she gave her statement under Section 164 of the Code of Criminal Procedure regarding her kidnapping by this petitioner. In the medical examination, the age of the niece of the informant has been assessed about 17 years. Further submission is that while the petitioner is in custody since 27.11.2014 and his case has already been committed to the court of sessions, numbered as Sessions Trial No.36 of 2018, pending in the court of the Additional Sessions Judge-I-cum-Special Judge, Lakhisarai, but after framing of the charge on 25.02.2019, uptil now, out of the 8 charge-sheeted witnesses, not a single prosecution witness has been examined.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.13995 of 2020(5) dt.12-10-2020 3/3 Judge, Lakhisarai, in connection with Lakhisarai P.S. Case No.673 of 2014/Sessions Trial No.36 of 2018.

(Rajendra Kumar Mishra, J) P.S./- U T