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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53671 of 2024 Arising Out of PS. Case No.-54 Year-2024 Thana- MAJORGANJ District- Sitamarhi ====================================================== Rajan Kumar @ Rajan Kumar Singh S/o- Hit Narain Singh @ Hari Narain Singh Village- Mathwa Bariyarpur Ps- Riga Dist- Sitamarhi ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Gunja Devi wife of Shyam Sunder Singh Village- Dumri Kala Ps- Majarganj Dist- Sitamarhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-10-2024 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in Majorganj P.S. Case No. 54 of 2024, instituted for the offences punishable under Sections 363, 365, 366-A/34 of the Indian Penal Code.

3. The prosecution case, in short, is that, the petitioner had kidnapped the minor daughter of the informant aged about 16 years on 26.02.2024 while she had gone to purchase some articles from Court Bazar.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case.

Patna High Court CR. MISC. No.53671 of 2024(4) dt.23-10-2024 2/3 Learned counsel for the petitioner also submits that the victim was not kidnapped by the petitioner, rather she fled away on her own will. No specific allegation has been attributed against the petitioner. The allegation levelled against the petitioner is general and omnibus in nature. It is further submitted that the victim in her statement recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 stated that due to her bad result in boards examination she was scolded by her parents and then she left her house on her own will and went to Ghaziabad to live with her aunt and she was not kidnapped by the petitioner. The victim has not stated anything about the petitioner and no medical examination of the victim has been conducted. The petitioner is in custody since 12.03.2024 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two

Patna High Court CR. MISC. No.53671 of 2024(4) dt.23-10-2024 3/3 sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Majorganj P.S. Case No. 54 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T