Sita Ram Roy v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69312 of 2021 Arising Out of PS. Case No.-200 Year-2021 Thana- LAUKAHA District- Madhubani ====================================================== SITA RAM ROY Son of Nirdhan Roy Resident of Village- Kolahatta, P.S.- Laukaha (Lalmaniya), Dist.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hriday Narayan Harshit, Advocate For the Opposite Party/s :

Ms. Asha Kumari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 05-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks bail in a case registered for the offences punishable under Sections 363 and 366(A) of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 22.06.2021, is a person with clean antecedent and charge-sheet has been submitted. The informant alleges that his minor daughter, aged about 17 years, had accompanied her mother to attend the call of nature when the petitioner kidnapped her and fled away by a vehicle. Further, the wife of the informant managed to save herself and came back and narrated the occurrence.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.69312 of 2021(3) dt.05-05-2022 2/2 petitioner has been falsely implicated in the present case and the victim is not a minor and even presuming what has been alleged in the FIR is true then she had reached the age of discretion. Learned counsel further submits that the victim and the petitioner were in love and in proof of the same, learned counsel draws the attention of the Court to Annexure-2 series to the bail application i.e. love letter written by the victim to the petitioner. It is further submitted that even the independent witnesses during the course of investigation have stated that the victim and the petitioner were in love and presently now the case has also been compromised. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 22.06.2021, is a person with clean antecedent and charge-sheet has been submitted and taking into consideration the submissions made by the learned counsel for the petitioner, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Laukaha (Lalmaniya) P.S. Case No. 200 of 2021.

(Satyavrat Verma, J) Kundan/- U T