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Patna High CourtCR. MISC./36252/2024bail granted

Ranjan Kumar v. The State Of Bihar

2024-06-26Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36252 of 2024 Arising Out of PS. Case No.-430 Year-2023 Thana- RAFIGANJ District- Aurangabad ====================================================== Ranjan Kumar SON OF BALIKRAJ SHARMA VILLAGE- KHAROKHAR, PS- RAFIGANJ, DIST- AURANGABAD ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aman Vishal, Adv.

For the Opposite Party/s :

Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 26-06-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Rafiganj P.S. Case No. 430 of 2023 dated 03.10.2023, instituted for the offence punishable under Sections 341, 323, 307, 498(A), 504 and 506/34 of the Indian Penal Code.

3. The prosecution case, in short, is that the petitioner and informant were studying in the same institution. Ranjan Kumar (petitioner) established physical relation with the informant several times on the assurance of marriage. Thereafter, both fled away and solemnize their marriage in Dhanbad and came back to their village where family members of the petitioner initially did not allow her to enter in their house but after panchayati they agreed. It is alleged that petitioner at the instance of their family members used to harass the

Patna High Court CR. MISC. No.36252 of 2024(2) dt.26-06-2024 2/3 informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that petitioner is the husband of the daughter of the informant. It is submitted that there is no specific overt act alleged against the petitioner rather the allegation is general and omnibus. It is submitted that the present case has been lodged on 03.10.2023 against the petitioner. The informant met with an accident on 20.10.2023 while travelling with her brother and bhabhi where she succumbed to her injuries and for this occurrence, the father of the informant had lodged a case registered as Aurangabad Mufassil P.S. Case No. 445 of 2023 dated 26.10.2023 for offence punishable under Sections 279 and 304(A) of the Indian Penal Code. Lastly, it has been submitted that he has no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Rafiganj P.S. Case No.

Patna High Court CR. MISC. No.36252 of 2024(2) dt.26-06-2024 3/3 430 of 2023, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.- IV, Aurangabad, subject to condition as laid down under Section 438(2) of the Cr.P.C..

(Khatim Reza, J) prabhat/- U T