Pramod Kumar @ Pramod Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44296 of 2024 Arising Out of PS. Case No.-19 Year-2024 Thana- JADIA District- Supaul ====================================================== Pramod Kumar @ Pramod Mehta S/O Late Dhanpat Mehta R/O VilagePithaura,P.S.- Narpatganj,Distt- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrigendra Kumar, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, APP For the Informant :

Mr. Arun Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-09-2024 Heard Mr. Mrigendra Kumar, learned counsel for the petitioner, Mr. Choubey Jawahar, learned APP for the State, Mr. Arun Kumar Jha, learned counsel for the informant and perused the case diary.

2. The petitioner seeks bail in Jadiya P.S. Case No. 19 of 2024, instituted for the offences punishable under Sections 363, 366, 379 and 34 of the Indian Penal Code.

3. The prosecution case, in short, is that, the petitioner along with 10-12 other co-accused persons being variously armed, entered the house of the informant and forcibly took away informant's daughter while dragging her by means of hair and also took away cash of Rs. 1,50,000/-, one smart phone along with some jewellery.

Patna High Court CR. MISC. No.44296 of 2024(3) dt.21-09-2024 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner further submits that the victim has love affair with the petitioner and her parents had arranged her marriage with someone else, due to which she eloped with the petitioner with her own will. The victim in her statement recorded under Section 164 Cr.P.C. has not stated about any wrongful activity against the petitioner. The petitioner is in custody since 21.03.2024 and has got no criminal antecedent.

5. Learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner. Learned APP for the State also submits that the informant in his statement (para-2) and other witness in their respective statements (Para-7, 44 & 45) have supported the factum of occurrence and the involvement of petitioner. It is further submitted that from the statements of the victim recorded under Section 161 Cr.P.C. (Para-27) and under Section 164 Cr.P.C. (Para-49), that the victim has also named the petitioner as the one who abducted her with the help of his other

Patna High Court CR. MISC. No.44296 of 2024(3) dt.21-09-2024 3/3 associates with an intention to marry her forcibly. Thus, specific allegation is attributed against the petitioner. Hence, the petitioner does not deserve the privilege of bail.

6. Considering the nature of accusation and gravity of the offence, this Court is not inclined to grant bail to the petitioner.

7. The prayer is rejected.

(Rudra Prakash Mishra, J) Rajorshi/- U T