Dhananjay Ram @ Dhananjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33512 of 2023 Arising Out of PS. Case No.-258 Year-2022 Thana- ASHTHAWAN District- Nalanda ====================================================== Dhananjay Ram @ Dhananjay Kumar Son of Paras Ram Resident of VillageMurgia Chack, Ps- Sare, Distt- Nalanda. ... ... Petitioner/S

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kameshwar Singh, Advocate For the Opposite Party/s :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 26-06-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Asthawan P.S. Case No. 258 of 2022 registered for the offence under Sections 363/365 and 366A of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 09.03.2023.

The allegation against the petitioner is to kidnap the minor daughter of informant aged about 13 years for the purpose of illicit intercourse/marriage.

Learned counsel appearing on behalf of the petitioner submitted that petitioner falsely implicated with present case for

Patna High Court CR. MISC. No.33512 of 2023(2) dt.26-06-2023 2/3 the reason that during the course of investigation, victim girl stated specifically that she went on her own sweet will with petitioner, denying the factum of kidnapping, whereas subsequently after few days when her statement under Section 164 of Cr.P.C. was recorded, she supported the allegation of kidnapping against this petitioner by denying the allegation of sexual assault. It is submitted that for all these days, till recording of statement of victim under Section 164 of Cr.P.C., the victim girl was with her parents and as such, the probabilities of tutoring cannot be ruled out.

While concluding the argument, it is submitted that petitioner is a man of clean antecedent and, moreover, investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP, opposes the prayer of bail Considering the facts and circumstances as mentioned above and by taking note of of contradictory statement of victim as recorded under Section 161 of Cr.P.C. qua under Section 164 Cr.P.C., where allegation of sexual assault is denied, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 09.03.

Patna High Court CR. MISC. No.33512 of 2023(2) dt.26-06-2023 3/3 with Asthawan P.S. Case No. 258 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. -2, Civil Court, Biharsharif, District- Nalanda/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) veena/- U T