Jitendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75998 of 2018 Arising Out of PS. Case No.-55 Year-2018 Thana- NAUGACHIA District- Bhagalpur ====================================================== Jitendra Singh son of Mani Singh @ Manikant Singh, Resident of VillageSripur, P.S. Naugachia, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-01-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Naugachia P.S. Case No. 55 of 2018 instituted for the offence under Section(s) 366(A)/120(B)/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that victim girl was in love affair with this petitioner. Petitioner has not kidnapped the victim girl. In the instant case, it is alleged that this petitioner along with other family members has kidnapped the daughter of the informant.

In the instant case, case diary has been received, wherein, the statement of victim recorded under Section 164 Cr.P.C. is available in paragraph no.30, wherein, she has stated that she was kidnapped by this petitioner and other accused persons. This petitioner wanted to marry with her, but, she was not ready to perform marriage with the petitioner.

Patna High Court Cr.Misc. No.75998 of 2018(3) dt.21-01-2019 2/2 Learned counsel for the petitioner has submitted that one another case has also been lodged against this petitioner and others by the informant vide Naugachia P.S. Case No. 91 of 2018, wherein, the victim girl has given her statement under Section 164 Cr.P.C. She has stated, in her statement U/s164 Cr.P.C. that she has performed marriage with this petitioner. Her parents have filed the case to give pressure. The certified copy of the aforesaid statement recorded in Naugachia P.S. Case No. 91 of 2018 has been produced by the learned counsel for petitioner at the time of hearing of the bail petition.

The petitioner is in custody since 11.05.2018. Considering the aforesaid, let the petitioner, above named, 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 the learned Additional Chief Judicial Magistrate-I, Naughachia, Bhagalpur in connection with Naugachia P.S. Case No. 55 of 2018, subject to the condition that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) shyambihari/mu keshU T