Ajeet Kumar @ Ajeet Kumar Rai And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56140 of 2018 Arising Out of PS. Case No.-215 Year-2018 Thana- GARDANIBAG District- Patna ======================================================
1. Ajeet Kumar @ Ajeet Kumar Rai S/o Bali Rai,
2. Dharmsheela Devi, W/o Ajeet Kumar @ Ajeet Kumar Rai,
3. Sunny Kumar, S/o Ajeet Kumar @ Ajeet Kumar Rai, All resident of Village- Saristabad Purvi Tola, P.S.- Gardanibagh, DistrictPatna.
4. Sonu Kumar, S/o Shivendu Rai, R/o Village- Daudpur, P.S.- Shahpur, DistrictPatna. ... ... Petitioners
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Shailesh Kumar, Advocate For the Opposite Party :
APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-02-2019 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 366, 363/34 and 120(B) of the Indian Penal Code registered in connection with Gardanibagh P.S. Case No. 215 of 2018.
3. It is submitted that the petitioners have been falsely implicated as evident from the deposition of the so-called victim girl recorded under Section 164 of the Cr.P.C. in which she has categorically stated that she has voluntarily accompanied the petitioner no. 3 and solemnized marriage with him and she has not been abducted by anyone. Petitioner nos. 1 and 2 are parents of petitioner no. 3 and petitioner no. 4 is cousin of petitioner no. 3. The victim girl has been assessed as being 19 years of age.
4. Be that as it may, in the event of the petitioners' arrest or surrender before the court below within six weeks from the date of
Patna High Court Cr.Misc. No.56140 of 2018(3) dt.13-02-2019 2/2 communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XIV, Patna in connection with Gardanibagh P.S. Case No. 215 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and with further conditions -- (i) That one of the bailors of each of the petitioners shall be their close relatives.
(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.
(iii) That petitioner no. 2 will be well represented and petitioner nos. 1, 3 and 4 shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.
(iv) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
BT/Chandran (Vikash Jain, J) U T