Patna High CourtCR. MISC./26366/2023rejected

Suraj Kumar @ Raj Gujjar Khurana v. The State Of Bihar

2023-07-19Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26366 of 2023 Arising Out of PS. Case No.-150 Year-2022 Thana- NATHNAGAR District- Bhagalpur ====================================================== SURAJ KUMAR @ RAJ GUJJAR KHURANA Son of Bajrangi Das Resident of Bainukanu Lane, Champanagar, P.S.-Nathnagar, DistrictBhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Upadhyaya, Advocate For the Opposite Party/s :

Mr.Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 19-07-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since 11.03.2022 in connection with S.T. No.409 of 2022 arising out of Nathnagar P.S. Case No. 150 of 2022, F.I.R. dated 04.03.2022 registered for the offence punishable under Sections 366(A),323,504,506,34 of the Indian Penal Code but the police, after investigation, submitted the chargesheet against the petitioner under Sections 366A, 323,504,506 and 34 of IPC.

3. The brief facts of the case is that the minor daughter of the informant has been abducted by the petitioner with intent to marry.

4. Learned counsel appearing for the petitioner

Patna High Court CR. MISC. No.26366 of 2023(3) dt.19-07-2023 2/2 submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR and as per medical report, the victim is major.

5. Learned APP for the State, on the other hand, has opposed the prayer for bail of the petitioner and submits that the victim was recovered and her 164 Cr.P.C. statement was recorded in which she has categorically stated that the petitioner has abducted and committed wrong with her. Further submits that as per Admit Card of Matriculation, the victim is minor at the time of occurrence.

6. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with S.T. No.409 of 2022 arising out of Nathnagar P.S. Case No. 150 of 2022 pending in the court of learned Additional Sessions Judge-I, Bhagalpur..

7. Prayer is refused.

(Rajesh Kumar Verma, J) Nitesh/- U T