Indrajeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 33024 of 2020 Arising Out of PS Case No.-153 Year-2019 Thana- ITARHI District- Buxar ====================================================== Indrajeet Kumar, Male aged about 42 years, Son of Meghnath Prasad, Resident of Village - Hanuman Tola, PS - Nawada, District - Bhojpur at present residing at House No. 13-161, Main Road, Tupran, Medak, Andhra Pradesh - 502334.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajib Ranjan Jha, Advocate For the State :

Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 03-03-2021 The matter has been heard via video conferencing.

2. Heard Mr. Rajib Ranjan Jha, learned counsel for the petitioner and Dr. Kumar Uday Pratap, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.

3. The petitioner is in custody in connection with Itarhi PS Case No. 153 of 2019 dated 20.06.2019, instituted under Sections 363/365 of the Indian Penal Code.

4. The allegation against the petitioner, though not named in the FIR, is that he had abducted the minor daughter of the informant.

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5. Learned counsel for the petitioner submitted that he is the son of the paternal aunt of the informant and the girl had left home due to some dispute and had gone to Hyderabad where the petitioner lives with his family and it was the wife of the petitioner who had informed the police at Hyderabad that the girl was at the house of the sister of the petitioner in Telangana from where she was recovered and brought to Buxar. It was submitted that the age of the girl has been assessed by the Court to be 18-19 years and by the medical team to be 19-20 years and further that the girl has refused to undergo medical examination. Learned counsel submitted that it is difficult to believe that a person would be forcibly taken to Vanarasi and then Hyderabad, without the public being aware of such crime.

It was further submitted that the petitioner having no criminal antecedent is in custody since 08.07.2019 and till date even charge has not been framed. Learned counsel submitted that the petitioner is married having three children and, thus, it cannot be expected that he would commit such an act risking his entire reputation and family relationship.

6. Learned APP submitted that girl has stated that the petitioner had forced physical relationship with her.

7. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the

Patna High Court CR. MISC. No.33024 of 2020 dt.03-03-2021 3/3 petitioner be released on bail upon furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in Itarhi PS Case No. 153 of 2019 subject to the conditions (i) that one of the bailors shall be a close relative of the petitioner, (ii) the petitioner shall co-operate with the police/prosecution and the Court. Failure to co-operate shall lead to cancellation of his bail bonds.

8. The application stands disposed off in the aforementioned terms.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T