Raj Kumar Pandit @ Rajesh Kumar Pandit @ Raju Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26400 of 2020 Arising Out of PS. Case No.-98 Year-2020 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== RAJ KUMAR PANDIT @ RAJESH KUMAR PANDIT @ RAJU PANDIT, Son of Harilal Pandit @ Buchan Pandit, Resident of Village - Garuara Tal Dashahara, P.S. Muffasil, District - Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Narain Sinha For the Opposite Party/s :

Mrs.Anita Kr. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-12-2020 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner seeks bail in a case registered for the offence punishable under Sections 363 and 366 A of the Indian Penal Code.

As per FIR, there is an allegation of kidnapping the daughter of the informant namely Muskan Kumari aged about 17 years.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that from perusal of the statement recorded u/s 164 Cr.P.C. it appears that the victim is major one and actually she was in love with the petitioner and wanted to marry with him which was denied by the petitioner thereafter, present false has been filed by the informant. It appears that the so-called victim Muskan was in captivity of accused persons for

Patna High Court CR. MISC. No.26400 of 2020(3) dt.01-12-2020 2/2 the whole night but she has not made any allegation of physical assault or abuse which would be apparent from the statement recorded u/s 164 Cr.P.C. of the so-called victim Muskan, recorded on 02.03.2020 i.e. one day after the alleged occurrence. He further submits that the victim is major being 19 years of age but while passing the order impugned, the learned Judge has not considered the same. The petitioner is in custody since 02.03.2020. The petitioner has got no criminal antecedent which is mentioned in para 3 of the bail application. Learned APP for the State has opposes the prayer for bail.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Muffasil P.S. Case No. 98/2020 to the satisfaction of the learned Additional Chief Judicial Magistrate, 2nd, Samastipur.

(Anjani Kumar Sharan, J) amitkumar/- U T