Patna High CourtCR. MISC./52556/2019bail granted

Ragbendra Sah @ Raju Kumar @ Rajbendra Sah v. The State Of Bihar

2019-11-16Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52556 of 2019 Arising Out of PS. Case No.-313 Year-2018 Thana- GOPALPUR District- Patna ====================================================== RAGBENDRA SAH @ RAJU KUMAR @ RAJBENDRA SAH Son of Khelawan Sah Resident of Village - Madhopur Sunder, P.S.- Shyampur Bhatha, District- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhubala Verma For the Opposite Party/s :

Mr.Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 16-11-2019 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner seeks bail in a case registered under sections 363 and 365 of the IPC.

It is submitted by counsel for the petitioner that from perusal of FIR itself, it is apparent that alleged victim girl was more than 17 years and she had gone to petitioner's home on her own volition whereafter she has not returned. Referring to Annexure 2 of bail application ( copy of mark sheet of victim girl), it is submitted that date of birth in the same is shown as 05.03.2000 and therefore, victim girl was a major. In fact, victim girl and the petitioner has already married and the prosecution case is false and baseless.

Patna High Court CR. MISC. No.52556 of 2019(4) dt.16-11-2019 2/2 Petitioner has no criminal antecedent and is in custody since 20.03.2019.

Considering the aforesaid submissions, prayer for bail is allowed.

Let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the ACJM IX, Patna in Gopalpur P.S. Case no. 313/2018 subject to the following conditions.

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) s.hassan/- U T