Sanjeet Kumar Ram @ Bholta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66637 of 2022 Arising Out of PS. Case No.-92 Year-2019 Thana- KHUTAUNA District- Madhubani ====================================================== Sanjeet Kumar Ram @ Bholta S/O Upendra Ram R/O Village- Baghaul, P.S.- Babubarhi, Distt- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar Jha, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 23-02-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Khutauna P.S. Case No. 92 of 2019 registered for the offence under Sections 363(A), 379 and 34 of I.P.C.

The accused/petitioner is named in the F.I.R. and is in custody since 27.08.2022.

The allegation against the petitioner is to kidnap the minor daughter of informant, aged about 15 years alongwith other co-accused persons for the purpose of illicit intercourse.. Learned counsel appearing on behalf of the petitioner submitted that victim girl is major, aged about 19 years and she solemnized her marriage with petitioner out of her own sweet will

Patna High Court CR. MISC. No.66637 of 2022(2) dt.23-02-2023 2/2 and in support of submissions relied upon Annexure-2 of main bail petition. It is also submitted that from the statement of victim, as recorded u/s 164 of the Cr.P.C., the maximum allegation is of misbehaving and not of any sexual assault. While concluding the argument, it has been submitted that investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above and by taking note of the nature of allegation, where victim solemnized her marriage with petitioner out of her own sweet will, coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Khutauna P.S. Case No. 92 of 2019 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. Ist Class, Jhanjharpur, District-Madhubani/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Archana/- U T