Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27014 of 2022 Arising Out of PS. Case No.-726 Year-2019 Thana- SITAMARHI District- Sitamarhi ====================================================== RAJU KUMAR Son of Ram Ganesh Rai Resident of Village - Bhasar Tole Ramnagar Mogalwa, P.S. and District - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Virendra Kumar, Adv.

For the Opposite Party/s :

Mr.Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-09-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends his arrest in a case registered for the offence punishable u/s 363, 366(A)/34 of the IPC. Allegedly, the petitioner and other F.I.R. named accused persons are said to have kidnapped the minor daughter of the informant with an intention to marry her with the petitioner. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case merely on suspicion. No

Patna High Court CR. MISC. No.27014 of 2022(2) dt.01-09-2022 2/2 such occurrence, in the manner as alleged, has ever taken place. It is submitted that daughter of informant left her house on her will with the petitioner and performed marriage as per Hindu customs and living with him in his house. It is further submitted that the statement of victim was recorded u/s 164 Cr.P.C., in which she has not supported the prosecution case and stated that no one has kidnapped her, she left on his own will as she has in love with the petitioner. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Sitamarhi P.S. Case No.726 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.