Ranjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19894 of 2022 Arising Out of PS. Case No.-312 Year-2021 Thana- DHURAIYA District- Banka ====================================================== Ranjeet Kumar, S/O Moti Singh @ Moti Lal Singh, R/o village- Beldaha, P.S.- Dhoraiya, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar For the Opposite Party/s :

Mr. Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 07-09-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Dhoraiya P. S. Case No. 312 of 2021, registered for the offences punishable under Sections 366(A) and 34 of the Indian Penal Code.

As per allegation, a doubt has been expressed by the informant that the accused-petitioner had kidnapped her 16 years old daughter.

The learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the whole allegation is

2/4 based only on suspicion. In fact, the petitioner has not committed any offence. The alleged victim had accompanied the petitioner herself and got married with him, but no physical relationship was established between the two. In support of his contention, he refers to the statement of the alleged victim as recorded under Section 164 Cr.P.C. The petitioner has been languishing in jail since 14.12.2021.

It is also stated in paragraph no. 2 of the petition that the petitioner has not moved earlier before this Court for grant of anticipatory bail or regular bail. It has further been stated paragraph 3 of the petition that the petitioner has no criminal antecedent. However, the learned APP for the State vehemently opposes the prayer for bail submitting that the alleged offence is serious in nature.

Considering the aforesaid facts and circumstances, particularly the statement of the alleged victim as recorded under Section 164 Cr.P.C., the petitioner, above-named, is directed to be released on bail on his furnishing bail bonds in

3/4 the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka, in connection with Dhoraiya P. S. Case No. 312 of 2021 on the following conditions: (i) The petitioner will make himself available for interrogation by a police officer/court as and when required. (ii) The petitioner will undertake that investigation/trial will not hamper on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required.

(iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.

(iv) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedent, the learned court below shall cancel the bail bond of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedent despite his

4/4 knowledge of the same.

(v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, the learned court below shall cancel the bail bond of the petitioner.

The application stands allowed accordingly.

The learned counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.

(Jitendra Kumar, J) skm/- U