Niraj Kumar @ Niraj Paswan @ Niraj Kumar Manjhi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 55403 of 2024 Arising Out of PS. Case No.-128 Year-2024 Thana- DIGHWARA District- Saran ====================================================== Niraj Kumar @ Niraj Paswan @ Niraj Kumar Manjhi Son of Lal Mohan Paswan R/V- Village- Sitalpur Bazar , Ward No. 12, P.S.- Dighwara, Distt.- Saran At Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 26-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Dighwara P.S. Case No. 128 of 2024 registered for the alleged offences under Sections 366(A) of the Indian Penal Code.

03. As per prosecution case, the minor daughter of the informant was enticed away by the petitioner with intention of marrying her.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. No occurrence as alleged has ever taken place. The statement of the victim girl was recorded under Section 164

Patna High Court CR. MISC. No. 55403 of 2024(4) dt.26-10-2024 2/3 Cr.P.C. wherein she stated that on the asking of the petitioner she went with him to Tamilnadu and thereafter returned. Learned counsel further submits that it shows the act of the daughter of the informant was voluntary and there is no allegation of any overt sexual act. Learned counsel further submits that the FIR has been registered after delay of three days for which there is no explanation. The petitioner is in custody since 27.05.2024 and charge-sheet has been submitted. The petitioner has got no criminal history.

05. Learned APP for the State opposes the prayer for bail.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the age of the victim girl assessed to be 17 years by the learned Judicial Magistrate, the age at which a girl develops sufficient maturity, and further considering her statement and voluntary nature of act and further considering the period of custody of the petitioner, who is aged about 19 years, his clean antecedent and submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial

Patna High Court CR. MISC. No. 55403 of 2024(4) dt.26-10-2024 3/3 Magistrate-II, Saran at Chapra in connection with Dighwara P.S. Case No. 128 of 2024, subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T