Ranjit Kumar @ Ranjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39216 of 2022 Arising Out of PS. Case No.-25 Year-2022 Thana- ROH District- Nawada ====================================================== RANJIT KUMAR @ RANJEET KUMAR S/o Rajendra Ram R/o villageSathe, P.S.- Roh, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Deo Raj For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 20-01-2023 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State in virtual court proceeding. The petitioner seeks bail in connection with Roh P.S. Case No.25 of 2022, registered for the offences punishable under Section 366 A of the IPC.

As per prosecution case, petitioner and others are alleged to have kidnapped the informant's daughter with intention to marry by the act of enticement.

Learned counsel for the petitioner submits that petitioner is in custody since 24.05.2022 and bears no criminal antecedent. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution

Patna High Court CR. MISC. No.39216 of 2022(3) dt.20-01-2023 2/3 evidence. He further submits that so far as the age of victim is concerned the victim is major and true copy of Aadhar Card of victim has been annexed at annexure 3 of the bail petition. He further submits that from the perusal of 164 statement, it also appears that victim is major. He further submits that there is love affair between victim and petitioner and both have solemnized the marriage in temple and copy of same is annexed at annexure 2 of the bail petition. He further submits that there is no act of inducement committed by the petitioner against the victim and victim has also admitted that there is no force used by petitioner rather she joined the company of petitioner voluntarily.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner. Considering the facts and circumstances of the case, period of custody, no act of inducement attributed against the petitioner as the statement of victim recorded under Section 164 of Cr.P.C indicates, keeping in view clean antecedent of petitioner, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner

Patna High Court CR. MISC. No.39216 of 2022(3) dt.20-01-2023 3/3 above named 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 learned court of 1st class Judicial Magistrate, Nawada in connection with Roh P.S. Case No.25 of 2022, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) 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.

(Alok Kumar Pandey, J) vashudha/- U T