Moti Lal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26907 of 2023 Arising Out of PS. Case No.-69 Year-2023 Thana- CHAPRA TOWN District- Saran ====================================================== Moti Lal, aged about 37 yers (Male), son of Sona Lal @ Sona Lal Prasad, resident of mohalla Mukherjee Hata, Sadha Road Near Mouna Chowk, Police Station- Chapra Town, Distt Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Sharma, Advocate For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 25-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in connection with Chapra Town PS Case No.69 of 2023 dated 23.01.2023, instituted for the offence punishable under Sections 363 and 366-A of the Indian Penal Code.

3. The prosecution case is that on 21.01.2023 at 4.45 PM, the informant's grand-daughter along with her cousin went for purchasing goods. On the way, the petitioner along with other co-accused kidnapped her grand-daughter with a view to marry her.

4. Learned counsel for the petitioner submitted that petitioner is innocent and has been falsely implicated. Learned counsel further submitted that statement of the victim girl under

Patna High Court CR. MISC. No.26907 of 2023(2) dt.25-05-2023 2/2 Section 164 Cr.P.C. was recorded on 16.02.2023 in which she has stated that her father has performed second marriage and she lives with her grand-father and uncle. She further stated that she was not feeling good in her house and went into depression. She left her house on 21.01.2023 on her own sweet will and reached Patna by bus and stayed at Patna for two days and thereafter she went to Kamakhya Mata Mandir, Gauhati, and stayed there for 4-5 days. She further stated that she returned to her house after 4-5 days. Learned counsel further submitted that there is nothing against the petitioner in the statement of the victim. Petitioner is in custody since 16.02.2023 having no criminal antecedent and charge-sheet has been submitted.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran at Chapra, in Chapra Town PS Case No.69 of 2023. (Khatim Reza, J) J. Alam/- U T