Awadesh Ray @ Awadhesh Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74452 of 2024 Arising Out of PS. Case No.-197 Year-2024 Thana- SHEOHAR District- Sheohar ====================================================== Awadesh Ray @ Awadhesh Ray, aged about 25 years (Male), Son of Pukar Ray, Resident of Village-Taj Pur Toal Bankul, P.S-Sheohar, District-Sheohar ... ... Petitioner

Versus

1.

The State of Bihar 2.

Ramdev Ray, Son of Rajdev Ray, Resident of Village-Tajpur Tole, Bankul, P.S.-Sheohar, Dist-Sheohar ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Vijay Shankar Shrivastava, Advocate For the State :

Mr. Yogendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-03-2025 Heard learned counsel for the petitioner, learned counsel for the opposite party no. 2 and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Sheohar P.S. Case No. 197 of 2024 dated 16.07.2024 registered for the offences punishable under Sections 96 and 3(5) of the B.N.S.

3. As per the prosecution case, the petitioner is alleged to have kidnapped the minor daughter of the informant.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in the present case. It is further submitted that there was love affair between the parties. The victim has been recovered and her statement under Section 164 of the Cr.P.C. has been recorded in

Patna High Court CR. MISC. No.74452 of 2024(4) dt.21-03-2025 2/3 which she has stated that she performed marriage with the petitioner and they are living as the husband and wife. She has further stated that she has posted the information of their marriage on her facebook page and the family members of the petitioner are happy with their marriage. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail application. The petitioner is in custody in this case since 30.07.2024.

5. Learned A.P.P. for the State and learned counsel for the opposite party no. 2 have vehemently opposed the prayer for bail petition of the petitioner. Learned counsel for the opposite party no. 2 has further submitted that the petitioner forcibly kidnapped the minor daughter of the opposite party no. 2 and has performed marriage with her.

6. Considering the aforesaid facts and circumstances of the case as well the period of custody, let the above named petitioner, 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 the learned C.J.M. Sheohar in connection with Sheohar P.S. Case No. 197 of 2024, with further condition:- I. The petitioner is directed to remain physically

Patna High Court CR. MISC. No.74452 of 2024(4) dt.21-03-2025 3/3 present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) U.K./- U T