Rajesh Roy @ Chotu Roy v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65622 of 2021 Arising Out of PS. Case No.-27 Year-2021 Thana- ANDHRAMATH District- Madhubani ====================================================== RAJESH ROY @ CHOTU ROY Son of Upendra Roy Resident of VillageMahthour Rajora, P.S. Andharamath, District- Madhubani. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jitendra Kumar Bharti, Advocate For the Opposite Party/s :
Mr.Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-04-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in a case registered for the offences punishable under Sections 363, 366A and 34 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is in custody since 12.08.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that the informant alleges that his minor daughter was found missing from her room in the morning then the wife of the informant informed that the petitioner had come to their house yesterday. It is further alleged that the informant went to the house of the petitioner but was abused, thereafter a panchayati was held
Patna High Court CR. MISC. No.65622 of 2021(2) dt.12-04-2022 2/2 twice and despite assurance given by the father of the petitioner that he will produce the victim, still the victim till date has not been brought back.
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, the victim and the petitioner were in love and she eloped with him. It is further submitted that the victim in her statement recorded under Section 164 of the Cr.P.C. has disclosed her age as 19 years and has not even remotely supported the prosecution case (Annexure-2 to the bail application).
Learned A.P.P. for the State opposes the prayer for bail of the petitioner.
Considering the fact that the petitioner is in custody, is a person with clean antecedent, charge-sheet has been submitted in the case and the victim has not supported the prosecution case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Andharamath P.S. Case No. 27 of 2021. (Satyavrat Verma, J) Rishi/- U T