Ajay Kumar @ Ajay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49055 of 2023 Arising Out of PS. Case No.-170 Year-2023 Thana- PARAIYA District- Gaya ====================================================== AJAY KUMAR @ AJAY YADAV SON OF HIRA YADAV RESIDENT OF VILLAGE- KARAHARA, PS- TIKARI, DISTRICT- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Puja, Advocate :

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

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 04-08-2023 1.

Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner seeks regular bail in connection with Paraiya P.S. Case No.170 of 2023 dated 16.04.2023 registered for the offence/s punishable under Section/s 363 and 366(A) of the Indian Penal Code.

3.

The main submissions advanced by the learned counsel for the petitioner are that the petitioner is not named in the FIR, initially the informant raised suspicion against co-accused Anil Yadav and Sauhadri Devi who are named in the FIR but thereafter during investigation the informant and his wife raised suspicion and made allegation against the petitioner and after the incident the victim has been recovered and she has recorded her statement under Section 164

Patna High Court CR. MISC. No.49055 of 2023(2) dt.04-08-2023 2/2 Cr.P.C. in which she denied the allegation of FIR and accepted her matrimonial relation with this petitioner. Further submissions are that while recording statement under Section 164 Cr.P.C. the victim disclosed her age as 22 years which shows that she is a major lady and in the present time she is residing in the house of this petitioner as his wife. Further submissions are that the petitioner has been languishing in jail since 11.05.2023 and against him the investigation has been completed.

4.

Learned APP appearing for the State opposes the bail prayer.

5.

Considering the above submissions and mainly the victim's statement discussed above and the completion of investigation against this petitioner, in my opinion it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be released on bail in connection with Paraiya P.S. Case No.170 of 2023 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. (Shailendra Singh, J) sangam/- U T