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Patna High CourtCR. MISC./23744/2023bail granted

Sattan Ram @ Satya Narayan Ram v. The State Of Bihar

2023-06-24Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23744 of 2023 Arising Out of PS. Case No.-419 Year-2022 Thana- RANIGANJ District- Araria ====================================================== SATTAN RAM @ SATYA NARAYAN RAM S/O LATE SUHOO RAM @ LATE SUTTU RAM R/O VIllage- Hansa ward no. 07, P.S- Raniganj, Distt.- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana, Advocate For the Opposite Party/s :

Mr.Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-06-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner apprehends his arrest in connection with Raniganj P.S. Case No. 419 of 2022, registered for the offences punishable under Sections 363, 365 and 366A/34 of the Indian Penal Code.

The allegation is regarding the accused persons having kidnapped the victim girl on the alleged date and time of occurrence.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is having a clean antecedent. The learned counsel

Patna High Court CR. MISC. No.23744 of 2023(2) dt.24-06-2023 2/3 for the petitioner has further submitted that the petitioner is the cousin grandfather of the main accused namely, Rahul Ram who is stated to have kidnapped the victim girl, hence the petitioner is not having any complicity in the matter. It is also submitted, by referring to the statement made by the victim girl under Section 164 Cr.P.C. before the learned Magistrate, which has been annexed to the present petition, that the victim girl had voluntarily fled away with the co-accused Rahul Ram and solemnized marriage with him and she has not alleged any untoward incident to have been committed by the petitioner, hence the petitioner be granted the privilege of bail.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory 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

Patna High Court CR. MISC. No.23744 of 2023(2) dt.24-06-2023 3/3 that the petitioner is the cousin grandfather of the main accused, namely, Rahul Ram, who is stated to have kidnapped the victim girl and the petitioner is not alleged to have kidnapped the victim girl apart from the fact that he is having a clean antecedent, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail.

Accordingly, the petitioner, above named, is directed to be released on anticipatory bail in the event of his arrest/surrender before the court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Araria in connection with Raniganj P.S. Case No. 419 of 2022, subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T