Suresh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19109 of 2023 Arising Out of PS. Case No.-263 Year-2022 Thana- RAJPUR District- Buxar ====================================================== SURESH RAM S/O SANT VILASH RAM @ SANT VILAS RAM R/O VILLAGE- RAJAPUR, GOSHAINPUR, P.S- RAJPUR, DISTRICT-BUXAR. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Mrs.Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-07-2023 Heard learned counsel for the parties.

2.

Petitioner apprehends his arrest in a case registered for the offence punishable u/s 363, 366(A), 504, 506 and 34 IPC. 3.

As per the F.I.R., the accused persons including the petitioner forcibly entered into the house of the informant and kidnapped his daughter for the purpose of marriage. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. The specific allegation is against the coaccused Ramjee Ram, who is the brother of the petitioner. It is submitted that the victim is a major and though she has

Patna High Court CR. MISC. No.19109 of 2023(4) dt.20-07-2023 2/2 supported the prosecution case in her statement recorded u/s 164 Cr.P.C. but the same was recorded after three days of her arrival to her parents house under their pressure. It is further submitted that the petitioner is a married person and a final partition has taken place in between the petitioner and the co-accused (his brother) ten years ago and since then they are living separately, which is also mentioned at para-10 of the supplementary affidavit. Petitioner has two criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Rajpur P.S. Case No.263 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T