Rohit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71183 of 2023 Arising Out of PS. Case No.-54 Year-2023 Thana- TARAPUR District- Munger ====================================================== Rohit Kumar, S/O Amit Ravidas, R/O Village- Kajichak Milki, P.S- Tarapur, Distt.- Munger.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Rajesh Kumar, S/O Sugdev Ram, R/O Village- Dhauni, P.S- Tarapur, Distt.- Munger.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jyoti Ranjan Jha, Advocate For the Opposite Party/s :
Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 03-11-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. In this case, the petitioner is apprehending her arrest in connection with Tarapur P.S. Case No. 54 of 2023, registered for the offences under Section 366A of the Indian Penal Code.
3. As per prosecution case, daughter of the informant was taken away by the petitioner and other co-accused persons with intention of marrying her.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. No occurrence as alleged has ever taken place. The
Patna High Court CR. MISC. No.71183 of 2023(2) dt.03-11-2023 2/3 daughter of the informant was in love affair with the petitioner and they solemnized marriage and they have been living together. The victim girl recorded her statement under Section 164 Cr.P.C. wherein she has stated that she willingly and voluntarily went with the petitioner. Petitioner is having clean antecedent.
5. Learned APP opposes the submissions made on behalf of the petitioner.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the statement regarding voluntary act of the victim girl and also considering the clean antecedent of the petitioner, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IVth, Munger/court concerned in connection with Tarapur P.S. Case No. 54 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions: (i) One of the bailors will be a close relative of the
Patna High Court CR. MISC. No.71183 of 2023(2) dt.03-11-2023 3/3 petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(Arun Kumar Jha, J) balmukund/- U T