Dinesh Ray@Dinesh Kumar Ray @ Dinesh Kumar Rai @ Dinesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52120 of 2025 Arising Out of PS. Case No.-386 Year-2021 Thana- VAISHALI District- Vaishali ====================================================== Dinesh Ray@Dinesh Kumar Ray @ Dinesh Kumar Rai @ Dinesh Kumar S/o Late Ram Chandra Ray R/o Village- Kutrum, Kolhua, P.S.- Sarai Dist.- Muzaffarpur ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Jay Lal Ray S/O- Late sita Ram Ray resident of Vill.- Kesopur, P.S.- Vaishali, District- Vaishali ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar For the Opposite Party/s :
Mr. Amitesh Kumar Mr. Shyameshwar Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-11-2025
1. Heard learned counsel for the petitioner, learned APP for the State and the learned counsel appearing on behalf of the informant.
2. The petitioner seeks bail in anticipation of his arrest in a case registered for the offences punishable under Sections 366(A), 363 and 34 of the Indian Penal Code.
3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case. It is next submitted that the said case was also instituted from the side of the informant. It is further submitted that in sum and substance, the allegation in the FIR is of kidnapping the minor daughter of the informant by the petitioner and other accused persons.
Patna High Court CR. MISC. No.52120 of 2025(4) dt.07-11-2025 2/3
4. The learned counsel for the petitioner submits that petitioner and the victim were in love and they eloped and they have performed their marriage. The victim has come back and her statement was recorded under Section 164 Cr.P.C. wherein she has not supported the case of the prosecution. It is also submitted that out of the wedlock, a child was born and victim presently is staying with the petitioner. It is also submitted that though in the FIR, it has been alleged that victim was a minor, but then, victim is a major as the date of birth of the victim was 12.02.2002 as recorded in the transfer certificate issued by the government school as would manifest from Annexure-2.
5. Learned A.P.P. as well as the learned counsel appearing on behalf of the informant opposes the anticipatory bail application, but then, the learned counsel appearing on behalf of the informant fairly submits that victim and the petitioner have married and they are staying together and out of the wedlock, a child was born.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner, above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on anticipatory bail on his furnishing bail-bonds in the sum of Rs.
Patna High Court CR. MISC. No.52120 of 2025(4) dt.07-11-2025 3/3 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Safder Salah, the learned Judicial Magistrate, 1st Class, Vaishali at Hajipur in connection with Vaishali P. S. Case No.386 of 2021, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
(Satyavrat Verma, J) vikash/- U T