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Patna High CourtCR. MISC./16267/2023bail granted

Shri Bhagwan Ram @ Bhagwan Ram @ Bhawan Ram v. The State Of Bihar

2023-06-05Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16267 of 2023 Arising Out of PS. Case No.-272 Year-2022 Thana- SHEOHAR District- Sheohar ====================================================== Shri Bhagwan Ram @ Bhagwan Ram @ Bhawan Ram Son Of Rambalak Ram R/V Sugia, Katsari, P.S.- Sheohar, District- Sheohar ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Devendra Kumar, Adv.

For the Opposite Party/s :

Mr. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-06-2023 Let the defect(s), 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 Sheohar P.S. Case No. 272 of 2022 lodged under Sections 363, 366A of the I.P.C.

As per the prosecution case, the informant has made allegation against the petitioner that he has kidnapped his daughter with a view to marry.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Learned counsel submits that petitioner is in custody since 08.09.2022 having clean antecedent.

Counsel further submits that the statement under Section 164 of Cr.P.C., the victim has categorically mentioned

Patna High Court CR. MISC. No.16267 of 2023(2) dt.05-06-2023 2/2 that she has eloped with the petitioner with a view to marry and the said marriage has been solemnized between them. Learned counsel for the State opposes the prayer for bail and submits that as per certificate, the Sessions Court has ascertained the date of birth of the victim girl i.e. 20.01.2007, as such on the date of occurrence, she was minor. Learned counsel further submits that the said victim has disclosed her age 20 years before the Court and in the medical, her age was ascertained between 16-17 years. 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 Chief Judicial Magistrate, Sheohar in connection with Sheohar P.S. Case No. 272 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.) prakashmani/- U T