Patna High CourtCR. MISC./32120/2020bail granted

Dheeraj Kumar v. The State Of Bihar

2021-01-22Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32120 of 2020 Arising Out of PS. Case No.-612 Year-2018 Thana- SARAIYA District- Muzaffarpur ====================================================== Dheeraj Kumar S/o Ram Pravesh Pandit @ Bhosh Pandit Residence of Village-Suriama, P.S.-Saraiya, District-Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Nawal Kishore Singh, Adv.

For the Opposite Party :

Dr. Mritunjaya Kumar Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 22-01-2021 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Saraiya P.S. Case No. 612 of 2018 registered under Sections 363 and 366-A read with 34 of the Indian Penal Code.

According to the prosecution case, the petitioner along with his mother took away the daughter of the informant. Learned counsel for the petitioner submitted that the alleged date of occurrence is 19.12.2018 and the victim was allegedly recovered on 19.07.2019. He contended that admittedly the victim is a major girl aged 19 years. She accompanied the petitioner out of her own sweet will. Upon recovery, she has not alleged that the petitioner in any way sexually exploited her. He further contended that the alleged

Patna High Court CR. MISC. No.32120 of 2020(3) dt.22-01-2021 2/2 recovery is a concocted story. It was not a case of abduction otherwise the victim would not have called her father and gone together with him.

Learned counsel for the State has opposed the application for grant of bail. He contended that though the victim has not made any allegation of sexual exploitation, she has stated that the petitioner had abducted her. Considering the totality of the facts and circumstances, the petitioner, who is in custody since 30.06.2020, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 1st, Muzaffarpur (West) in connection with Saraiya P.S. Case No. 612 of 2018.

(Ashwani Kumar Singh, J) Pradeep/- U T