Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56107 of 2024 Arising Out of PS. Case No.-165 Year-2024 Thana- SAHPUR District- Patna ====================================================== Chandan Kumar S/o Vinod Rai R/O Village NAYA TOLA SAGUNA MORE PS DANAPUR DISTRICT PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 23-10-2024 Heard the parties.

2. The petitioner is in custody in connection with Shahpur P.S. Case No. 165 of 2024 for the offence punishable under sections 363, 366(A) and 34 of the Indian Penal Code lodged on 03.05.2024 by the informant, Suresh Rai.

3. As per the prosecution story, the informant alleged that on 01.05.2024, he came to know that his minor daughter has been taken away by Ritik Kumar and when this was informed to his brother, Bijendra Rai, was threatened and abused which led to the FIR.

4. Learned counsel for the petitioner submits that admittedly, the name of Ritik Kumar has come as the person who took away the minor girl and subsequently, they performed marriage, for the present, the girl is pregnant and he is in

Patna High Court CR. MISC. No.56107 of 2024(4) dt.23-10-2024 2/3 custody since 04.05.2024 (paragraph-18 of the petition).

5. In this case, case diary was called for and as per the medical report, the girl is pregnant by ten months and the age has been recorded as seventeen to nineteen years.

6. Learned APP opposes the prayer for bail.

7. Taking into account the aforesaid facts as also that the allegation is mainly against Ritik Kumar who according to learned counsel for the petitioner has already been extended relief by the Juvenile Justice Board, this petitioner is a young boy of nineteen years, has remained in custody since 04.05.2024 and do not have any criminal antecedent, this Court is inclined to extend him the privilege of bail with conditions.

8. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned J.M. First Class, Danapur, in connection with Shahpur P.S. Case No. 165 of 2024 subject to the following conditions:

(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive

Patna High Court CR. MISC. No.56107 of 2024(4) dt.23-10-2024 3/3 dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Adnan/- U T