Ritik Kumar @ Ritik Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18332 of 2023 Arising Out of PS. Case No.-380 Year-2021 Thana- NAUGACHIA District- Bhagalpur ====================================================== Ritik Kumar @ Ritik Raj Son Of Amlendu Amal R/O Vill.- Korchakka, P.S.- Naugachia, Distt.- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Yadav, Adv.

For the Opposite Party/s :

Mr. Bishweshwar Ram, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 06-06-2023 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 Naugachia P.S. Case No. 380 of 2021 registered for the offences punishable under Sections 366 (A)/34 of Indian Penal Code. He has no criminal antecedent as stated in paragraph '3' of the application.

Learned counsel for the petitioner submits that the allegation against the petitioner that he had forcibly kidnapped the daughter of the informant and took her to Bengal. It is submitted that the entire family of the petitioner was roped in, however, the parents of the petitioner have been granted privileged of anticipatory bail in Cr. Misc. Nos. 17167 of 2022 and 18839 of 2022. It is submitted that the victim girl has made

Patna High Court CR. MISC. No.18332 of 2023(2) dt.06-06-2023 2/3 her statement under Section 164 of Cr.P.C. in which she has stated that she was forcibly taken away to Bengal but was not at all alleged any indecent act with her. It is further submitted that this petitioner and the victim girl were studying in the same and one coaching institute and both of them were on adolescence age.

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

Having regard to the facts and circumstances of the case, particularly that both the victim as well as the petitioner were of adolescence age and they were studying in the same coaching institute and the victim girl has not alleged any indecent act on her either on the way or at Bengal, though she has alleged that she was kept in confinement, 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 Additional Chief Judicial Magistrate-I, Naugachia, District- Bhagalpur in connection with Naugachia P.S. Case No. 380 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

Patna High Court CR. MISC. No.18332 of 2023(2) dt.06-06-2023 3/3 And further condition that the court below shall verify 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 bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajeev Ranjan Prasad, J) Manoj/- U T