Rajan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52796 of 2023 Arising Out of PS. Case No.-169 Year-2023 Thana- ROSERA District- Samastipur ====================================================== Rajan Kumar S/O Ashrafi Sharma R/O Village- Mahra, Ps. Singhia, Dist. Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhay Shankar Singh For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 30-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 363, 366A/34 of the Indian Penal Code. It is a case of abduction of the informant's minor daughter by the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The victim girl has been recovered and her statement was recorded under Section 164 of the Cr.P.C., which is annexed with the case diary, wherein she has stated that she was in love with the petitioner. She went with the petitioner out of her own sweet will and performed court marriage

Patna High Court CR. MISC. No.52796 of 2023(3) dt.30-10-2023 2/2 in Birual Court, Darbhanga and thereafter they went to Delhi where they were living as husband and wife in a rented room for about last two months. She has not raised any finger against the petitioner for any overt act. It is further submitted that as per medical report the age of the victim girl is more than 18 years. As per statement in para-3 of the petition, the petitioner has got not criminal antecedent. It is further submitted that the petitioner is languishing in judicial custody since 05.06.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Rosera P.S. Case No. 169 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Rosera, Samastipur.

(Sunil Kumar Panwar, J) lata/- U T