Ratnesh Sah @ Ratnesh Kumar Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54853 of 2024 Arising Out of PS. Case No.-283 Year-2022 Thana- MANJHAGARH District- Gopalganj ====================================================== 1.
Ratnesh Sah @ Ratnesh Kumar Gupta son of Jhaman Sah Village- Baluhi Bazar Ps- Manjhagarh Dist- Gopalganj 2.
Shankar Prasad son of Late Ambika Prsad Village- Baluhi Bazar PsManjhagarh Dist- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhramveer For the Opposite Party/s :
Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-09-2024
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners seek bail in a case registered for the offences punishable under Sections 323, 379 and 366 of the Indian Penal Code.
3. The learned counsel for the petitioners submits that by order dated 09.08.2024, statement of the victim recorded under Section 164 of the Cr.P.C. was called for, but then same till date has not been received.
4. The Court proceeds to decide the case on merit in view of the order dated 02.09.2024 in Criminal Miscellaneous No. 55201 of 2024 (Pawan Kumar @ Pawan Kumar Gupta @
Patna High Court CR. MISC. No.54853 of 2024(3) dt.06-09-2024 2/3 Pawan Kumar Prasad Vs. The State of Bihar)
5. Learned counsel for the petitioners submits that petitioner no. 1 has antecedent of two cases and petitioner no. 2 has antecedent of one case, but the cases have been instituted by the side of the informant. It is next submitted that informant alleges that Pawan along with co-accused enticed his minor daughter aged about 17 years for the purposes of marriage and kidnapped her on 01.03.2021.
6. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case, it is further submitted that date of occurrence is 01.03.2021, but a complaint case came to be filed on 25.03.2021 i.e. 24 days after the occurrence, based on which the instant FIR came to be instituted on 14.09.2022. It is next submitted that during Corona period, the informant married his daughter at Thave temple and she is leading a peaceful conjugal life, further, the victim also attended the marriage of her brother in the year 2023. It is also submitted that petitioners are in judicial custody since 15.05.2024.
7. Learned A.P.P. for the State opposes the prayer for regular bail of the petitioners.
8. Considering the submissions made by the learned
Patna High Court CR. MISC. No.54853 of 2024(3) dt.06-09-2024 3/3 counsel for the petitioners and the fact that Pawan Kumar has been granted the privilege of anticipatory bail with certain conditions, the petitioners above-named, are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Manjhagarh P.S. Case No. 283 of 2022.
9. Accordingly, the instant regular bail application stands allowed.
(Satyavrat Verma, J) Rishabh/- U T