Ganesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56169 of 2021 Arising Out of PS. Case No.-151 Year-2021 Thana- CHAPRA MUFFASIL District- Saran ====================================================== 1.

GANESH RAI SON OF LATE PURNWASI RAI R/O VILLAGETURKWALIYA NAINI, P.S.- CHHAPRA MUFASSIL, DISTRICTSARAN, CHAPRA 2.

BILTU RAI @ BILTU RAY @ NISHANT KUMAR SON OF GANESH RAI R/O VILLAGE- TURKWALIYA NAINI, P.S.- CHHAPRA MUFASSIL, DISTRICT- SARAN, CHAPRA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghwendra Pratap Singh For the Opposite Party/s :

Mr. Akbar Ali Mr. Yashraj Bardhan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-12-2021 As prayed, learned counsel for the petitioners is permitted to make correction in the prayer portion of the petition.

Heard learned counsel for the petitioners, the State and the informant.

Petitioners seek regular bail in a case registered for the offence punishable under Section 366A/120(B) of the Indian Penal Code .

As per the prosecution case, co-accused, Rohit Kumar, kidnapped minor daughter of informant for the purpose of marriage.

Learned counsel appearing for the petitioners submits

Patna High Court CR. MISC. No.56169 of 2021(2) dt.07-12-2021 2/2 that petitioners are innocent and have falsely been implicated in the case. The victim in her statement u/s 164 of the Cr. P. C. has stated that she voluntarily left her house and solemnized marriage with co-accused Rohit Kumar and nobody had kidnapped her. The doctor has found the age of victim above 18 years. Petitioner No.1 is grand father and petitioner No.2 is uncle of co-accused of Rohit Kumar. Petitioners claim clean antecedent and are in custody since 09.07.2021 and investigation in this case is complete.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioners and the statement of victim recorded u/s 164 of the Cr. P. C., let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-IX, Saran at Chapra in connection with Chapra Mufassil PS case No.151/2021.

(Prabhat Kumar Singh, J) BKS/- U T