Ajeet Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50420 of 2021 Arising Out of PS. Case No.-243 Year-2019 Thana- HARLAKHI District- Madhubani ====================================================== AJEET PASWAN SON OF SRI NARESH PASWAN Resident of VillageSisauni, P.S.- Harlakhi, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Udbhav, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-03-2022 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Harlakhi P.S. Case No. 243 of 2019 for the offence registered under Sections 366(A)/34 of the Indian Penal Code. The allegation is regarding the petitioner having kidnapped the victim girl whereafter it is alleged that the petitioner had solemnized marriage with the victim girl. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is languishing in custody since 01.02.2021. The learned counsel for the petitioner by referring to the statement of the victim girl made under Section 164 Cr.P.C. before the learned Magistrate has submitted that the same would bear it out that the victim girl had voluntarily fled away with

Patna High Court CR. MISC. No.50420 of 2021(2) dt.21-03-2022 2/3 the petitioner and solemnized marriage at Allahabad. It is also submitted that the victim girl has no where alleged that the petitioner had kidnapped her. Lastly, it is submitted that as far as the age of the victim is concerned, she has disclosed her age in her statement made under Section 164 Cr.P.C. as 17 years, however, the learned Magistrate has assessed her age as 19 years whereas the medical board has found her age in between 17 to 18 years, hence benefit of doubt can be granted to the petitioner and it cannot be stated that the victim girl is a minor. Per contra, the learned counsel for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the fact that the victim girl, in her statement made under Section 164 Cr.P.C. has not alleged that the petitioner had kidnapped her and on the contrary she has stated that she had voluntarily fled away with the petitioner and performed marriage with him, I find that the petitioner is not having any complicity in the alleged occurrence, hence I deem it fit and proper to direct for release of the petitioner herein on regular bail.

Patna High Court CR. MISC. No.50420 of 2021(2) dt.21-03-2022 3/3 Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Benipatti in connection with Harlakhi P.S. Case No. 243 of 2019.

(Mohit Kumar Shah, J) S.Sb/- U T