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Patna High CourtCR. MISC./24540/2020allowed

Dharmendra Kumar v. The State Of Bihar

2021-03-12Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24540 of 2020 Arising Out of PS. Case No.-44 Year-2017 Thana- RIGA District- Sitamarhi ====================================================== Dharmendra Kumar, Male, aged about 25 years, S/o Tapeshwar Mahto, Resident of Village- Yogbana, P.S.- Riga, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ritesh Kumar Narain Singh, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-03-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Riga P.S. Case No. 44 of 2017, G.R. No.704 of 2017 registered for the offences punishable under Sections 364, 366A, 372/34 of the Indian Penal Code.

There is allegation in the F.I.R. that on 23.02.2017 at 7 P.M., the accused persons Laddu Kumar, Dharmendra Kumar (petitioner), Mahesh Mahto and Suraj Mahto came at the house of the informant and kidnapped his minor daughter Anchal Kumari aged about 12 years and took away her on motorcycle by closing her mouth. That time, the informant and his family members had gone to attend Bagani Yagya. On hearing hulla, the informant came to his house and went to the house of accused persons with villages but they were found absconding. The informant suspected against the accused persons to kidnap

Patna High Court CR. MISC. No.24540 of 2020(11) dt.12-03-2021 2/2 his minor daughter for illegal work.

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 has filed supplementary affidavit stating therein that the victim girl Anchal Kumari has solemnized marriage with one Laddu Kumar. Petitioner is in jail custody since 24.09.2019. In her statement under Section 164 Cr.P.C., the victim has supported the prosecution case but now the victim has married with another person.

Learned A.P.P. for the State opposed the bail petition. In the facts and circumstances of the case, let the above named petitioner be enlarged on bail after framing of charge on furnishing bail bond of Rs. 25,000/- (twenty five thousand) only with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Riga P.S. Case No. 44 of 2017, G.R. No.704 of 2017.

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