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Patna High CourtCR. MISC./14308/2023bail granted

Sanni Rajak @ Sanni Kumar v. The State Of Bihar

2023-05-18Mr. Justice Rajeev Ranjan Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14308 of 2023 Arising Out of PS. Case No.-141 Year-2022 Thana- RAJAON District- Banka ====================================================== SANNI RAJAK @ SANNI KUMAR S/O NIRANJAN RAJAK R/v- Mohana, P.S.- Rajoun, District- Banka ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ===================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Singh, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 18-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, in the present case, is seeking prearrest bail in connection with Rajoun P.S. Case No. 141 of 2022 registered for the offences punishable under Sections 366A of the Indian Penal Code. He has no criminal antecedent as stated in paragraph '3' of the application.

As per the prosecution story, the informant has alleged that his daughter was sleeping in her house but at night when he awoke he saw that his daughter is not in his house, he searched but not found. In the morning he knew that his daughter has fled away with Sanni Kumar (the petitioner) for marriage. The informant further alleged that the petitioner has abducted his daughter for purpose of marriage. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.14308 of 2023(2) dt.18-05-2023 2/3 petitioner has been falsely implicated in this case. Learned counsel submits that the victim girl has been recovered in course of investigation. Learned counsel further submits that the victim girl gave her statement under Section 164 Cr.P.C. before the learned court below that she left her house and went to the house of her aunt and she has not stated anything specific against the petitioner.

Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner.

Having regard to the observation present in the impugned order showing that in her statement, the victim girl had stated that she herself left her house and went to the house of her aunt and further considering that this petitioner is said to be a student having no criminal antecedent, this Court, therefore, directs that in case of his arrest/surrender within a period of four weeks from today, let the petitioner above-named be enlarged on bail on furnishing of bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Rajoun P.S. Case No. 141 of 2022, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. And further condition that the court below shall verify

Patna High Court CR. MISC. No.14308 of 2023(2) dt.18-05-2023 3/3 the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. (Rajeev Ranjan Prasad, J) Rajeev/- U T