Ranjeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34356 of 2022 Arising Out of PS. Case No.-189 Year-2019 Thana- KURTHA District- Jehanabad ====================================================== Ranjeet Kumar S/o Sahendra Yadav R/o village- Tetarpur, P.S.- Kako, Distt.- Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar No1, Advocate For the Opposite Party/s :
Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 01-02-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.
Petitioner seeks bail in a case registered for the offences punishable under Sections 366 (A) and 34 of the Indian Penal Code but the cognizance has taken for the offences punishable under Section 366(A) and 376 of the Indian Penal Code.
According to prosecution case, the victim girl (informant's daughter) went to coaching, but on her way the petitioner along with other accused person kidnapped the girl. It is also alleged that they had tried to kidnap the victim girl on
Patna High Court CR. MISC. No.34356 of 2022(5) dt.01-02-2023 2/3 earlier occasion also and used to tease her by calling her through mobile phone.
Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the petitioner and the victim was in love and they have performed the marriage on 04.11.2019. He further submits that the victim is living with the petitioner as a wife. The petitioner is in custody since 26.11.2021.
The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Kurtha P.S. Case No. 189 of 2019, subject to the following conditions:-
1. One of the bailor shall be the victim girl namely, Muni Kumari @ Monika Kumari.
2. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed
Patna High Court CR. MISC. No.34356 of 2022(5) dt.01-02-2023 3/3 by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
3. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
4. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Vanisha/- U T