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Patna High CourtCR. MISC./37013/2019bail granted

Jitendra Kumar @ Jitendra Singh v. The State Of Bihar

2019-06-17Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37013 of 2019 Arising Out of PS. Case No.-36 Year-2019 Thana- SHEOSAGAR District- Rohtas ====================================================== JITENDRA KUMAR @ JITENDRA SINGH Son of Lallan Singh Resident of Village - Tilkapur, P.S.- Karghar, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Tiwary For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-06-2019 Heard both sides.

The petitioner apprehends his arrest in Sheosagar P.S. case No. 36 of 2019 registered under Section 366A/34 of the IPC.

The father of the victim named the petitioner along with seven other accused persons and alleged that they all kidnapped his daughter on a vehicle bearing registration No. BR24P-4282. The informant alleged that petitioner is driver of the vehicle.

The learned counsel for the petitioner submits that informant is not an eye witness of the occurrence. On mere suspicion the informant cooked a story and lodged the case. The victim returned and made her statement u/s 164 of the Cr. P. C. The victim disclosed that she herself left her house for the

Patna High Court CR. MISC. No.37013 of 2019(2) dt.17-06-2019 2/2 purpose of marriage with Dipu Kumar. She went to the house of Dipu Kumar and stayed in the house of her maternal uncle. Thereafter, they went to Mumbai. The victim came to the court after receiving information of arrest of the mother of Dipu Kumar. She further disclosed that no member of the family of Dipu Kumar kidnapped her. She voluntarily solemnized marriage with Dipu Kumar in a temple.

Considering the facts aforesaid and nature of allegation made against the petitioner and the fact that victim herself denied the factum of her kidnapping, the petitioner, above named, in the event of his arrest/ surrender before the court below within a period of four weeks from the date of receipt/ production of a copy of this order is directed to be enlarged on bail on his furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sheosagar P.S. case No. 36 of 2019, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) BKS/- U T