Aditya Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50476 of 2024 Arising Out of PS. Case No.-33 Year-2024 Thana- VISHNUPAD District- Gaya ====================================================== Aditya Raj Son Of Late Shrawan Kumar Resident Of Village - Chotaki Nawada, Police Station - Delha, District - Gaya ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sharya Kumari @ Titali Daughter of Rajesh Prasad Resident Of Village - Chotaki Nawada, Videshi Gali, Police Station - Delha, District - Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Tapeshwar Sharma, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Vishnupad P.S. Case No. 33/2024 dated 03.02.2024 registered for the offences punishable u/s 363 and 365 read with 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have kidnapped the minor daughter of the informant.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The victim in her statement recorded u/s 164 of the

Patna High Court CR. MISC. No.50476 of 2024(2) dt.05-08-2024 2/3 Cr.P.C has stated that there was love affair between the petitioner and the victim and the victim has solemnized the marriage with the petitioner. Learned counsel has submitted that there is nothing in record showing that the victim was forced or seduced to have illicit intercourse with another person. As per the Medical report, the age of the victim is assessed between 1819 years. No offence u/s 376 is made out against the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 09.02.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that as per the Medical report, there is no recent sign of sexual intercourse, rape cannot be denied.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Gaya in connection with Vishnupad P.S. Case No. 33/2024, with the condition:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date,

Patna High Court CR. MISC. No.50476 of 2024(2) dt.05-08-2024 3/3 failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T