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Patna High CourtCR. MISC./37791/2024bail granted

Chitranjan Kumar v. The State Of Bihar

2024-05-21Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37791 of 2024 Arising Out of PS. Case No.-17 Year-2024 Thana- SASARAM MUFFSIL District- Rohtas ====================================================== Chitranjan Kumar, Aged about 21 years, Male, Son Of Rajvansh Singh, Resident of Village- Dhuwan , P.S.- Sasaram (M) , District-Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 21-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sasaram (M) P.S. Case No. 17 of 2024 instituted for the offences punishable under Sections 363 and 366A of the Indian Penal Code.

3. As per F.I.R., the allegation against the petitioner is that he abducted the minor daughter of the informant with intention to sell her.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of suspicion. A statement has been made in para 3 of the petition

Patna High Court CR. MISC. No.37791 of 2024(2) dt.21-05-2024 2/3 that he has no criminal antecedent. He is in judicial custody since 30.01.2024.

5. Learned APP for the State has vehemently opposed the prayer for bail.

6. From perusal of the F.I.R. and impugned order dated 02.05.2024, it appears that on the basis of written report of informant F.I.R. registered against two accused persons including the present petitioner. It also appears from perusal of the impugned order passed by the learned 19th Additional Sessions Judge, Rohtas at Sasaram that the victim girl has been recovered and her statement was recorded under Sections 161 and 164 of the Cr.P.C. wherein she has stated that she along with her friend eloped for Jaipur, Rajasthan where they stayed with Chitranjan Kumar, petitioner in a rented room. She has also stated that she had gone out of her house without informing any of her family members. She has recovered from Rajasthan by Rajasthan Police. In her statement, she has not made any allegation of sexual assault against the petitioner.

7. Considering the facts and circumstances of the case, period of custody of the petitioner and submission made on behalf of the petitioner, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

Patna High Court CR. MISC. No.37791 of 2024(2) dt.21-05-2024 3/3 Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sasaram (M) P.S. Case No.17 of 2024.

(Ramesh Chand Malviya, J) lata/- U T