Ajeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43640 of 2023 Arising Out of PS. Case No.-259 Year-2022 Thana- BELDOUR District- Khagaria ====================================================== Ajeet Kumar, S/O Ajnash Mahto, R/O Village- Dumri, Ward No. 4, P.S.. Beldour, Dist. -Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 24-07-2023 Heard learned counsel for the petitioner and the learned APP for the State.

2. Petitioner seeks regular bail in connection with Beldaur P.S. Case No. 259 of 2022 dated 26.11.2022 registered for the offence punishable under Section 366(A)/34 of the Indian Penal Code.

3. The main submissions advanced by learned counsel for the petitioner are that the allegations levelled in the FIR are totally false, in fact the victim left the house of her parents according to her own will, owing to having love affair with this petitioner and earlier Beldaur P.S. Case No. 52/2022 was lodged against this petitioner and others with the same nature of allegation in which the victim did not make any

Patna High Court CR. MISC. No.43640 of 2023(2) dt.24-07-2023 2/3 allegation against this petitioner and in the present matter the victim has been recovered and she has recorded her statement before the Judicial Magistrate under Section 164 of Cr.P.C. and the same has been discussed in the order impugned which shows that she stayed in the company of the petitioner for nine months at Kathmandu and returned back after getting knowledge of arrest of petitioner's uncle in the present matter and she revealed before the Judicial Magistrate that no one kidnapped her. In respect of the said submissions, learned counsel for the petitioner has drawn the attention of this Court to the relevant paragraph of the order impugned. Further submissions are that the petitioner has been languishing in jail since 27.03.2023 and he is a young person and against him the investigation has been completed.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Having regard to the facts and circumstances of this case and mainly considering the petitioner's young age and completion of the investigation against him and also the facts revealed by the victim before the Judicial Magistrate as discussed in the order impugned which go against the nature of allegation levelled in the FIR, in my opinion it is a fit case for

Patna High Court CR. MISC. No.43640 of 2023(2) dt.24-07-2023 3/3 bail to the petitioner. Accordingly, let the petitioner namedabove be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned in connection with Beldaur P.S. Case No. 259 of 2022. (Shailendra Singh, J) annu/- U T