Rahul Kumar @ Rahul Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31738 of 2022 Arising Out of PS. Case No.-513 Year-2016 Thana- AMARPUR District- Banka ====================================================== Rahul Kumar @ Rahul Kumar Ray, S/o Ghanshyam Ray Resident of VillageEnglish, P.s.- Amarpur, District- Banka. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 01-09-2022 Heard Mr. Sanjay Kumar Jha, learned counsel appearing on behalf of the petitioner and Mr. Yogendra Kumar Singh, learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner seeks regular bail in connection with Amarpur P.S. Case No. 513 of 2016, for the offence punishable under Sections 366(A)/34 of the Indian Penal Code. As per the allegation made in the F.I.R. accused persons named in the F.I.R., including the petitioner, kidnapped the minor daughter of the informant.

Learned counsel appearing on behalf of the petitioner submits that the victim is the daughter of the informant, who was in love relationship with the petitioner, which resulted into their marriage. The love marriage was objected by the informant

Patna High Court CR. MISC. No.31738 of 2022(2) dt.01-09-2022 2/3 leading him to the lodging of the present F.I.R. The statement of the victim was recorded under Section 164 Cr.P.C. in which she has stated that she is adult and she is free to marry withy the person of her choice. She further stated that she is living with her husband in her matrimonial house happily. Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

Considering the submission made on behalf of the petitioner that victim is his legally wedded wife in accordance with the Hindu law and they are major, the marriage is valid, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 25000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I, Banka in connection with Amarpur P.S. Case No. 513 of 2016, subject to the following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(3) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.31738 of 2022(2) dt.01-09-2022 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) manish/- U T