Patna High CourtCR. MISC./57591/2022rejected

Chhotu Rai v. The State Of Bihar

2023-02-16Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57591 of 2022 Arising Out of PS. Case No.-356 Year-2021 Thana- DAGARUA District- Purnia ====================================================== CHHOTU RAI Son of Late Vijay Rai Resident of Village - Madhi Colony Chhat Pokhar Tatma Toli, P.S.- Maranga, District - Purnia. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhola Prasad, Adv.

For the Opposite Party/s :

Ms. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-02-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail in a case registered for the offence punishable under Sections 366(A) of the Indian Penal Code.

According to prosecution case, the petitioner is said to have abducted the daughter of the informant with the help of other co-accused persons for the purpose of marriage. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that in fact the petitioner has not abducted the daughter of the informant and the victim girl was recovered and her statement was recorded under Section 164 of the Cr.P.C., in which, she has specifically

Patna High Court CR. MISC. No.57591 of 2022(3) dt.16-02-2023 2/2 stated that the petitioner has abducted and forcefully performed the marriage and before the marriage, he was already married and he has two children.

The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Dagarua P.S. Case No.356 of 2021, pending in the court of learned Chief Judicial Magistrate, Purnea.

Prayer is refused.

(Rajesh Kumar Verma, J) amit/- U T