Patna High CourtCR. MISC./48280/2024bail rejected

Satya Narayan v. The State Of Bihar

2024-09-13Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48280 of 2024 Arising Out of PS. Case No.-127 Year-2022 Thana- DHANSOI District- Buxar ====================================================== Satya Narayan S/O Ramnath RESIDENT OF VILLAGE-KAKORI SHYAMPUR, PS- KAKORI SADAR, DISTRICT- AJMER, RAJASTHAN ... ... Petitioner/s

Versus

The State of Bihar 2.

Premchand Chaudhary Son of Shivnath Chaudhary R/O VillageKharkhana,Piriya Tola,P.S.-Dhansoi,Distt-Buxar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Brajesh Prasad Gupta, Adv.

For the Opposite Party/s :

Mr. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-09-2024 Heard the parties.

2. The petitioner is an accused in connection with Dhansoi P.S. Case No. 127 of 2022 registered for the offences under sections 363 and 366(A) of the Indian Penal Code lodged on 14.09.2022 by the informant, Premchandra Choudhary.

3. As per the prosecution story, the informant alleged that his sister was traceless since last two days and on search, she could not be found. He had strong belief that Sugriv Choudhary and Babudhan Choudhary has abducted her. Accordingly, the FIR.

4. Subsequently after two months, the victim girl was recovered from the house of the petitioner who claims to have

Patna High Court CR. MISC. No.48280 of 2024(3) dt.13-09-2024 2/3 married her, brought to Buxar and the statement of the girl was recorded under section 164 of the Cr.P.C. in which she stated that Sugriv Choudhary and Babudhan Choudhary sold her to one Raju for Rs. 2,30,000/- and solemnized marriage with the petitioner, Satyanarain. She was regularly informed that she has been purchased.

5. One day, anyhow she got hold of a mobile, called her friend, whereafter she could be rescued.

6. It is the case of the petitioner (Satyanarain) that he is a native of Rajasthan, was persuaded by Sugriv Choudhary following which he solemnized marriage.

7. There was no transaction for the said marriage and her age has been found to be 18 to 19 years by the Medical Board constituted after her recovery at Buxar.

8. Learned APP, on the other hand submits that specific allegation is there against him that he solemnized marriage for a consideration amount and further the trial is in an advance stage and five out of seven witnesses have already been examined till July 2023.

9. Earlier in the bail application, the petition of the petitioner was rejected in Cr. Misc. No. 30418 of 2023 and pursuant to the present petition, a report was called for which

Patna High Court CR. MISC. No.48280 of 2024(3) dt.13-09-2024 3/3 has come and the letter dated 22.07.2024 by the Trial Court shows that till 22.07.2024, five witnesses out of 7 have already been examined. As it is already at an advance stage, it would be appropriate that the petitioner cooperate in the trial so that it is concluded at an earliest.

10. Accordingly, Cr. Misc. No. 48280 of 2024 stands rejected.

11. The Trial Court is expected to conclude the trial at an earliest.

(Rajiv Roy, J) Vijay Singh/- U T