Bhajan Saday @ Bhojan Saday @ Bhajan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25533 of 2024 Arising Out of PS. Case No.-79 Year-2022 Thana- SAKATPUR District- Darbhanga ====================================================== Bhajan Saday @ Bhojan Saday @ Bhajan Kumar, Male, aged about 22 years, Son of Late Vipin Saday @ Late Bipat Saday, Resident of Village- Kathara, P.S.- Sakatpur, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Bharti, Advocate For the Opposite Party/s :

Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 10-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence under Sections 363 and 366(A)/34 of the Indian Penal Code.

3. As per the prosecution case, it is a case of kidnapping of the daughter of the informant. 4.

Learned counsel for the petitioner has submitted that petitioner has falsely been implicated in this case due to dirty village politics. He next submits that petitioner has got clean antecedent as stated in para-3 of the petitioner and he is in custody since 19.10.2022.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

On perusal of the first information and impugned order dated 23.12.2022, it appears that on the basis of

Patna High Court CR. MISC. No.25533 of 2024(2) dt.10-04-2024 2/2 written report of the informant, FIR was registered for an offence under Sections 363 and 366A/34 of the IPC against five named accused persons including the present petitioner and during investigation police submitted chargesheet under Sections 363 and 366A of the IPC and Section 8 of the POCSO Act. It also appears from perusal of the FIR, informant-cum-mother of the victim has stated that the petitioner took the victim girl to Guwahati and solemnized marriage with her in the court and the victim girl in her statement under Section 164 of the Cr.P.C has stated that she voluntarily left her house and went to Guwahai with the petitioner and solemnized marriage with him as stated in the impugned order.

7. Considering the facts and circumstances of the case, as also the period of custody of the petitioner, let the petitioner, above named, be directed to be released on bail in connection with Sakatpur P.S. Case No.79 of 2022 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge (POCSO Act), Darbhanga.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T