Ajay Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61084 of 2022 Arising Out of PS. Case No.-247 Year-2022 Thana- VAISHALI District- Vaishali ====================================================== AJAY SAH SON OF HARIHAR SAH R/O VILLAGE- HAUJPURA, P.S.- VAISHALI, DISTT.- VAISHALI, BIHAR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anjum Perveen For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for regular bail has been filed by the petitioner in a case instituted for the offence under Sections 363, 365, 366/34 of the Indian Penal Code. As per allegation in the FIR, while informant was not at his house, his daughter was abducted by 5-6 named accused persons including the petitioner along with ornaments valuing rupees four lakhs and cash of Rs. 18,000/-.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Specific allegation of abduction for the purpose of marriage is against co-accused Rohit Kumar. Petitioner was one of the associates. Victim has filed a petition with an affidavit in

Patna High Court CR. MISC. No.61084 of 2022(4) dt.11-05-2023 2/2 the Court of learned CJM, Hajipur, Vaishali (annexed as Annexure-2) and stated therein that she was in love with coaccused Rohit Kumar and out of her own sweet will, she has eloped from her house with him and performed marriage in Arya Samaj Temple situated in Delhi. She has not whispered anything against the petitioner for any sexual assault or misbehavior by him with her. Victim is adult and she herself stated about her age as more than 20 years. Petitioner is languishing in judicial custody since 3.7.2022. Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Vaishali at Hajipur in connection with Vaishali P.S. Case No. 247 of 2022.

(Sunil Kumar Panwar, J) sushma/- U