Ajit Kumar @ Aditya Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69636 of 2023 Arising Out of PS. Case No.-266 Year-2023 Thana- CHHATAUNI District- East Champaran ====================================================== AJIT KUMAR @ ADITYA RAI SON OF PARASH THAKUR @ PARAS THAKUR RESIDENT OF VILLAGE- BARA BARIYARPUR, P.S.- CHHATAUNI, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
SANJAY SAH SON OF LATE BIGU SAH RESIDENT OF VILLAGEBARA BARIYARPUR, P.S.- CHHATAUNI, DIST.- EAST CHAMPARAN ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sangeet Deokuliar For the Opposite Party/s :
Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner as well as learned APP for the State.
2. The petitioner apprehends his arrest in connection with Chhatauni P.S. Case No. 266 of 2023, registered for the offences punishable under Sections 363, 366(A)/34 of the Indian Penal Code.
3. As per allegation, the petitioner and three other accused persons came to the house of the informant and forcibly kidnapped his minor daughter. When she protested, they closed her mouth and they also pushed his wife when she tried to catch them. Thereafter, they fled away. It is further alleged that one month prior to the incident, the petitioner and co-accused Bajrangi Sah teased the victim.
4. Learned counsel for the petitioner has submitted that
Patna High Court CR. MISC. No.69636 of 2023(2) dt.01-11-2023 2/2 the alleged victim was in love and affection with co-accused Bajrangi Sah. She has solemnized marriage with him and still residing with him. The petitioner has falsely been implicated merely because he is friend of co-accused Bajrangi Sah. A photograph showing the marriage between the Bajrangi Sah and the victim has been annexed with the record.
5. On the other hand, the learned APP has opposed the prayer for bail and submitted that the victim is still traceless and the petitioner is named in the FIR.
6. The photograph annexed with the record and the submission made in paragraph No. 7 of the bail petition shows that the victim has solemnized marriage with co-accused Bajrangi Sah. The petitioner is a person of clean antecedent.
7. Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Motihari, East Champaran in connection with Chhatauni P.S. Case No. 266 of 2023, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Nawneet Kumar Pandey, J) SONALI/- U T