Abhishek Uraon v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71001 of 2022 Arising Out of PS. Case No.-303 Year-2022 Thana- GAURICHAK District- Patna ====================================================== Abhishek Uraon Son of Sri Raju Uraon R/V- Kori, P.S.- Simariya, DistrictChatra (Jharkhand) ... ... Petitioner/S
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar Singh, Advocate For the Opposite Party/s :
Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 19-06-2023 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 Gaurichak P.S. Case No. 303 of 2022 registered for the offence under Section 363 and 365 of the Indian Penal Code. The accused/petitioner is not named in the F.I.R. and is in custody since 27.06.2022.
The allegation is to kidnap the minor daughter of informant aged about 17 years.
Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.71001 of 2022(3) dt.19-06-2023 2/3 submitted that the present allegation is out of failed love affairs, as same was not accepted by the parents of victim. It is submitted that as per school certificate the date of birth of daughter of informant is 12.12.2004. It is further submitted that from the statement of victim, as recorded under Section 164 of the Cr.P.C., it appears that she solemnized her marriage out of her own sweet will with petitioner and denied in totality the allegations of kidnapping and 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, while opposing the prayer of bail submitted that victim was minor as per school certificate on the date of occurrence.
Considering the facts and circumstances as mentioned above, as victim negated the allegations of sexual assault and kidnapping against the petitioner, where petitioner is in custody since 27.06.2022, 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 Gaurichak P.S. Case No. 303 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.71001 of 2022(3) dt.19-06-2023 3/3 satisfaction of learned Additional Chief Judicial Magistrate-VI at Patna City, Patna/concerned Court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) Archana/- U T