Patna High CourtCR. MISC./50503/2024bail granted

Rajan Kumar @ Rajan Kumar Manjhi v. The State Of Bihar

2024-09-25Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50503 of 2024 Arising Out of PS. Case No.-423 Year-2023 Thana- MADHAURAH District- Saran ====================================================== Rajan Kumar @ Rajan Kumar Manjhi Son Of Yogi Manjhi R/O- Naharpur, P.S.- Madhaurah, Gaura O.P., Distt.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shubham Sourav, Adv.

For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 25-09-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner seeks bail in connection with Madhaurah, (Gaura O.P.) P.S. Case No. 423 of 2023 dated 15.07.2023 registered for the offence punishable under Sections 363 and 366(A) of the Indian Penal Code.

3. The prosecution case, in short, is that on 26.06.2023 the daughter of the informant went out for weeing but did not return, thereafter, when informant started searching his daughter he came to know that Rajan Kumar (petitioner) is involved in the same. On 02.07.2023 due to pressure of social people and panchayat, the petitioner

Patna High Court CR. MISC. No.50503 of 2024(4) dt.25-09-2024 2/3 returned the daughter of the informant. Again, on 09.07.2023 at 11:00 am the petitioner along with other accused persons took away informant's daughter.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that the first occurrence took on 26.06.2023 and the F.I.R. was lodged on 15.07.2023. It is submitted that the victim returned home on 02.07.2023. Thereafter, she again went from her house on 09.07.2023 and returned again and thereafter, the present case has been lodged by father of the victim on 15.07.2023. Learned counsel for the petitioner submits that statement of victim has been recorded under Section 164 Cr.P.C. and victim has specifically stated that she went from the house on her own will and wish. It is further submitted that daughter of the informant herself admitted that she had love affairs with the petitioner and she went with him with her own will. It is submitted that her statement at paragraph no. 4 clearly shows that she wanted to go to her in-laws house. Lastly, it has been submitted that the petitioner is in custody since 11.01.2024, having no criminal antecedent and charge-sheet

Patna High Court CR. MISC. No.50503 of 2024(4) dt.25-09-2024 3/3 has been submitted in the case.

5. Learned A.P.P for the State opposes the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-VIII, Saran at Chapra in connection with Madhaurah, Gaura P.S. Case No. 423 of 2023.

(Khatim Reza, J) prabhat/- U T