Patna High CourtCR. MISC./70275/2019allowed

Rajendra Harijan v. The State Of Bihar

2020-01-17Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70275 of 2019 Arising Out of PS. Case No.-182 Year-2017 Thana- RAJAON District- Banka ====================================================== RAJENDRA HARIJAN S/o Late Banarasi Harijan @ Late Banarasi Das R/o village- Alipur, P.S.- Rajaun, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 17-01-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 366(A) and 34 of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the alleged occurrence took place on 04.05.2017 whereas the complaint has been filed on 22.05.2017 after lapse of almost three weeks without explaining the plausible delay which creates doubt over the prosecution version. As a matter of fact, the victim herself fled away from her house with one

Patna High Court CR. MISC. No.70275 of 2019(4) dt.17-01-2020 2/2 Ravi Kumar and performed marriage with him which is evident from Annexure-3 and 3/A. Moreover, the victim is a major girl which is evident from the affidavit of Notary. The petitioner is rotting in custody since 10.05.2019. Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-I, Banka in connection with Rajoun P.S. Case No. 182 of 2017 corresponding to G.R. No. 24 of 2018.

(Arvind Srivastava, J) brajesh/- U T