Nawaji @Rahul v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43105 of 2024 Arising Out of PS. Case No.-12 Year-2023 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Nawaji @Rahul S/O Md Alauddin R/O Village Nayagon, P.S. Musahari, Distt-Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Braj Bhusan Poddar, Adv For the Opposite Party/s :
Mr. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-07-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Begusarai Town (Lohiyanagar O.P.) P.S. Case No. 12 of 2023 dated 04.01.2023 registered for the offences punishable u/s 366A read with section 34 of the Indian Penal Code.
3. As per the prosecution case, the co-accuse persons are alleged to have kidnapped the minor daughter namely, Sweta Kumari, of the informant and the friend of her daughter, namely, Jyoti Kumari for the purpose of marriage.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. As per the statement of victim girl record under Section 164 of the Cr.P.C. the victim girl was kept in the house
Patna High Court CR. MISC. No.43105 of 2024(2) dt.02-07-2024 2/2 of the petitioner. It is further submitted that there is nothing on record showing that the victim was forced to have illicit intercourse with any person. The petitioner is not named in the F.I.R. The name of the petitioner has transpired during the investigation. It is further submitted that there was love affair between the victim girl and the accused person. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 25.01.2023.
5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the petitioner and the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Begusarai, in connection with Begusarai Town (Lohiyanagar O.P.) P.S. Case No. 12 of 2023.
7. The application stands allowed.
(Chandra Prakash Singh, J) Jyoti/- U T