Ajay Bin @ Ajay Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69407 of 2025 Arising Out of PS. Case No.-300 Year-2022 Thana- UCHKAGAON District- Gopalganj ====================================================== 1.

Ajay Bin @ Ajay Prasad S/O Shambhu Bin @ Shambhu Mukhiya Resident of Village-Maksudpur Canal, P.S.-Uchkagaon, Dist.-Gopalganj 2.

Vijay Bin @ Vijay Prasad S/O Shambhu Bin @ Shambhu Mukhiya Resident of Village-Maksudpur Canal, P.S.-Uchkagaon, Dist.-Gopalganj 3.

Mukesh Bin @ Mukesh Kumar S/O Lagan Bin Resident of VillageMaksudpur Canal, P.S.-Uchkagaon, Dist.-Gopalganj 4.

Ajay Bin @ Ajay Kumar Prasad S/O Achchelal Bin Resident of VillageKhajuria, P.S.- Sidhwalia, Dist.-Gopalganj ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Subhawati Devi W/O Shambhu Sahani Resident of Village- Maksudpur Canal, P.S.- Uchkagaon, Dist.-Gopalganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-10-2025

1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Uchkagaon Police Station Case No. 300 of 2022, dated 01.09.2022, disclosing offences punishable under Sections 364/366/367/368/120-B/34 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that on 20.06.2021, the informant's sister, Ruman Devi,

Patna High Court CR. MISC. No.69407 of 2025(2) dt.08-10-2025 2/3 had visited her house and was staying with her. On 25.06.2021, she went outside her house along with her daughter, Rani Kumari, but they were kidnapped by the accused persons, including the petitioners. The daughter of the informant was later on recovered, but the accused persons did not give any information regarding the sister of the informant.

4. Learned Counsel for the petitioners submits that prior to the present complaint -cum- First Information Report, the informant had lodged two other cases, bearing Uchkagaon Police Station Case No. 239 of 2021, on 25.07.2021, and Uchkagaon Police Station Case No. 215 of 2022, dated 03.07.2022, against the petitioners for the same occurrence. The statement of the daughter of the informant was recorded, in connection with Uchkagaon Police Station Case No. 239 of 2021, under Section 164 of the Code of Criminal Procedure, 1973, in which the daughter of the informant has stated that she was in love with petitioner no. 3 and had voluntarily left her house, visited Kashmir and solemnized marriage with him.

5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the statement

Patna High Court CR. MISC. No.69407 of 2025(2) dt.08-10-2025 3/3 of the daughter of the informant was recorded, in connection with Uchkagaon Police Station Case No. 239 of 2021, under Section 164 of the Code of Criminal Procedure, 1973 and the fact that the informant has not mentioned the kidnapping of her sister in the very first First Information Report, I am inclined to grant the petitioners privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned 1st Additional Chief Judicial Magistrate, Gopalganj, in connection with Uchkagaon Police Station Case No. 300 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √