Upendra Rajbhar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69218 of 2024 Arising Out of PS. Case No.-214 Year-2024 Thana- RAXAUL District- East Champaran ====================================================== Upendra Rajbhar Son of Awadhesh @ Awadhesh Rajbhar Resident of Village - Lal Pipri, Pakhanpura, Dubihan, P.S. - Karimuddinpur, District - Ghazipur, Uttar Pradesh - 233225 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bipin Bihari, Adv.

For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 07-10-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Raxaul P.S. Case No. 214 of 2024 dated 22.06.2024 registered for the offences punishable under Section 363 and 366A of the Indian Penal Code.

3. As per the prosecution case, unknown miscreant is alleged to have kidnapped the minor sister of the informant.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The petitioner is not named in the FIR. The victim in her statement recorded under Section 164 of the Cr.P.C. has

Patna High Court CR. MISC. No.69218 of 2024(2) dt.07-10-2024 2/2 stated that she had left her house in the night with the petitioner as her parents had scolded her. She has further stated that she is willing to marry with the petitioner. The victim was not forced or seduced to have illicit intercourse with the another person. Nothing has been recovered from the possession of the petitioner. The petitioner has no concern with the alleged occurrence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 04.08.2024.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court of S.D.J.M, Raxaul at Motihari in connection with Raxaul P.S. Case No. 214 of 2024.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T