Durganand Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34593 of 2025 Arising Out of PS. Case No.-20 Year-2025 Thana- Bajitpur District- Darbhanga ====================================================== Durganand Ram Son of Sarwan Ram @ Shrawan Ram R/O Village- Jatuka, Police Station- Bajitpur, District- Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Jira Chaupal S/O- Rabi Chaupal, R/O-Vill-Jatuka, P.S. -Bajitpur, DistDarbhanga. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Narayan Mahto, Advocate For the Opposite Party/s :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-09-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner seeks bail in connection with Bajitpur P.S. Case No. 20/2025, registered for the offence under Section 96 of the Bhartiya Nyay Sanhita.

3. The accused/petitioner is named in the F.I.R. and is in custody since 23.03.2025.

4. The allegation against the petitioner is to kidnap the minor daughter of the informant aged about 16 years, as her date of birth noted as 01.01.2009 as per FIR, for the purpose of illicit intercourse/marriage with another person.

5. Learned Counsel appearing on behalf of the petitioner submitted that daughter of the informant left her house on her

Patna High Court CR. MISC. No.34593 of 2025(3) dt.23-09-2025 2/3 own as she was in love affairs with this petitioner. It is submitted as love affairs of daughter/victim was not approved by her family members, therefore, she solemnized her marriage out of her own sweet will with this petitioner. Statement of said effect was also made by victim while recording her statement under Section 183 of BNSS. While concluding the argument, it is submitted that investigation of this case is already completed, for which chargesheet has been submitted, as such, there is no chance of tampering with the evidence and, moreover, petitioner is a man of clean antecedent.

6. Learned APP opposed the prayer of bail.

7. Notice as issued by this Court was received by mother of the victim and, therefore, it deem served validly upon opposite party no. 2. Despite of valid service, none appeared to join the present proceedings on behalf of the informant/opposite party no. 2.

8. Considering the aforesaid factual submissions and by taking note of fact as victim completely negate the allegation of kidnapping and sexual assault against the petitioner, rather she stated to solemnize marriage with him out of her own sweet will, while recording her statement under Section 183 of BNSS, coupled with the fact that investigation of this case is already

Patna High Court CR. MISC. No.34593 of 2025(3) dt.23-09-2025 3/3 completed, where petitioner remains in custody since 23.03.2025, accordingly, petitioner above named, is directed to be released on bail in connection with Bajitpur P.S. Case No. 20/2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st, Darbhanga/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C./Section 480(3) of BNSS.

(Chandra Shekhar Jha, J) veena/- U T