Rohit Kumar Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25089 of 2022 Arising Out of PS. Case No.-203 Year-2021 Thana- JAMHOR District- Aurangabad ====================================================== ROHIT KUMAR KUSHWAHA SON OF RAGHUVEER KUSHWAHA @ RAGHUVIR KUSHWAHA @ RAGHUVEER R/O VILLAGE- SACHENDI @ CHEHARDHI, P.S.- KANPUR NAGAR, DISTRICT- KANPUR (UTTAR PRADESH ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramendra Kumar Singh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-08-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered u/s 366A of the Indian Penal Code.

As per the prosecution case, it is alleged that the informant's minor daughter was kidnapped by some unknown persons on the pretext of marriage.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.25089 of 2022(2) dt.24-08-2022 2/2 case on mere suspicion. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is not named in the F.I.R. As per the impugned order, the victim is aged about 17 years and 4 months The victim in her statement recorded under section 164 of the Cr.P.C has stated that she was in love with the petitioner and had gone with him of her own free will and she solemnized marriage with the petitioner in a temple and went to Surat and started living with the petitioner and his family members. It is further submitted that no force was used against the victim by the petitioner and the victim is presently residing in the petitioner's house with his family. The petitioner is in custody since 12.02.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of this case as well as the period of detention, the petitioner is directed to be enlarged on bail on furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, in connection with Jamhore P.S. Case No. 203 of 2021.

The application stands allowed.

(Chandra Prakash Singh, J) shobhakri/- U T