Pintu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59210 of 2022 Arising Out of PS. Case No.-97 Year-2022 Thana- Dehri Mufassil District- Rohtas ====================================================== PINTU RAM S/O SURAJ RAM Resident of village- Ojhwaliya, P.S.- Dehri (M), District- Rohtas ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Siddharth Harsh, Advocate For the Opposite Party/s :

Mr.Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 23-12-2022 Learned counsel for the petitioner undertakes to remove the SR defects by 16th January, 2023.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner, in the present case, is seeking regular bail in connection with Dehri (M) P.S. Case No. 97/2022 registered for the offences punishable under Section 363 and 366A of the Indian Penal Code. He is in custody since 04.07.2022 having no criminal antecedent as stated in paragraph '3' of the application. As per the prosecution story, the informant has alleged that Pintu Ram (the petitioner) forcefully kidnapped his minor daughter aged about 16 years and took her to New Delhi. The informant further alleged that the petitioner threatened him to kill. Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case. Learned counsel submits that petitioner and the victim were in love affair with each other, however

Patna High Court CR. MISC. No.59210 of 2022(2) dt.23-12-2022 2/3 he is in custody since 04.07.2022.

Learned A.P.P. for the State has opposed the prayer for regular bail of the petitioner.

Having regard to the facts and circumstances of the case and the nature of allegation, the submission being that it was a case of love affair in which the victim girl had gone voluntarily and in her statement under Section 164 Cr.P.C. she has not made any allegation of sexual assault against the petitioner, the petitioner has remained in custody since 04.07.2022, investigation against him is complete and there is no submission on behalf of the State that the release of the petitioner is likely to result in tampering with the evidence and interfering with the course of trial, therefore, this court directs release of the petitioner above named on bail on furnishing of bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Dehri, District - Rohtas in connection with Dehri (M) P.S. Case No. 97 of 2022, subject to the condition as laid down under Section 437 (3) Cr.P.C.

And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the

Patna High Court CR. MISC. No.59210 of 2022(2) dt.23-12-2022 3/3 name of verification.

Certified copy of this order shall be made available only after removal of the defects.

(Rajeev Ranjan Prasad, J) tusharika/- U T