Dharmendra Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23915 of 2024 Arising Out of PS. Case No.-146 Year-2023 Thana- VIDYAPATINAGAR DistrictSamastipur ====================================================== Dharmendra Rai Son of Late Ram Sagar Rai @ Late Ram Sagar Ray Resident of Village- Dhepura, Police Station- Dalsinghsarai, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mahendra Pratap, Advocate For the Opposite Party/s :
Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 22-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Vidyapatinagar P.S. Case No. 146 of 2023 registered for the offence under Sections 363, 366A, 506 / 34 of the IPC.
3. Allegation against the petitioner alongwith other co-accused persons is to have taken away the minor daughter of the informant on the pretext of marriage.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. He further submits that the petitioner is in custody since 13.10.2023.
5. However, learned APP for the State vehemently opposed the prayer for regular bail.
Patna High Court CR. MISC. No.23915 of 2024(2) dt.22-04-2024 2/2
6. On perusal of the FIR, impugned order dated 24.01.2024, it appears that on the basis of written report of the informant FIR was registered against 9 accused persons including the present petitioner. In the order of the learned trial Court statement of victim recorded under Section 164 Cr.P.C. and Section 161 Cr.P.C., it appears that the victim clearly admitted that accused-petitioner is her husband and she has gone with her own will and she is happily residing in her sasural after marriage.
7. Considering the aforesaid facts and circumstances of the case and period of custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate - II, Dalsinghsarai, Samastipur in connection with Vidyapatinagar P.S. Case No. 146 of 2023.
(Ramesh Chand Malviya, J) saurabhkr/- U T