Vikram Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17733 of 2023 Arising Out of PS. Case No.-11 Year-2021 Thana- MADHUBAN District- East Champaran ====================================================== VIKRAM RAM SON OF SHIVNANDAN RAM @ TUN TUN RAM RESIDENT OF VILLAGE - KAJRAHAN, P.S. - MADHUBAN, DISTT. - EAST CHAMPARAN ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mahendra Thakur, Advocate For the Opposite Party/s :
Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-05-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
This is an application for grant of anticipatory bail in connection with Madhuban PS case no. 11 of 2021, registered for the offences punishable under Sections 363, 366(A)/34 of the Indian Penal Code.
The allegation is regarding the petitioner having kidnapped the victim girl on the alleged date and time of occurrence.
The learned counsel for the petitioner submits that petitioner is innocent, he has been falsely implicated in the present case and he is having a clean antecedent. The learned counsel for the petitioner, by referring to the impugned order
Patna High Court CR. MISC. No.17733 of 2023(2) dt.25-05-2023 2/3 dated 25.05.2022, has further submitted that the petitioner has already solemnized marriage with the victim girl and she was recovered after one and a half years of her being kidnapped and in her statement recorded under Section 164 Cr.P.C., by the learned Magistrate, she has stated that she had voluntarily married the petitioner. It is further submitted by referring to paragraph no. 12 of the present petition that out of the said wedlock, two children have also been born in the meantime and the petitioner and the victim girl are leading a happy conjugal life. Lastly, it is submitted by referring to the Adhar Card, annexed as Annexure 2 to the present petition that the victim girl was major on the alleged date and time of occurrence, hence, no offence is made out qua the petitioner herein. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that the victim girl, in her statement made under Section 164 Cr.P.C., before the learned Magistrate, has stated that she has voluntarily married the petitioner, apart from the fact that it is the specific case of the
Patna High Court CR. MISC. No.17733 of 2023(2) dt.25-05-2023 3/3 petitioner that two children have been born out of the said wedlock and as per the date of birth mentioned in the Adhar Card of the victim girl, she was major on the date of occurrence, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail.
Accordingly, the abovenamed petitioner, in the event of her arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of A.D.J. 7-cum-Special Judge, POCSO Act, East Champaran at Motihari in connection with Madhuban PS case no. 11 of 2021, subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.
(Mohit Kumar Shah, J) rinkee/- U T