Karan Ravidas @ Karan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72296 of 2022 Arising Out of PS. Case No.-438 Year-2021 Thana- AKBARPUR District- Nawada ====================================================== KARAN RAVIDAS @ KARAN KUMAR S/O MANI RAVIDAS R/VSrirampur, P.S.- Akbarpur, District- Nawada. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 05-04-2023 Heard learned counsel appearing on behalf of the parties.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Akbarpur P.S. Case No. 438 of 2021 registered for the offence under Sections 341, 366(A), 506 and 34 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 22.08.2022.

The allegation against the petitioner is to kidnap the minor daughter of the informant, aged about 16 years, for the purpose of illicit intercourse/marriage.

Learned counsel appearing on behalf of the petitioner submitted that implication of this petitioner appearing false on

Patna High Court CR. MISC. No.72296 of 2022(2) dt.05-04-2023 2/3 its face, for the reason that love-affairs of the petitioner with the victim, was not accepted by her parents. It is submitted that victim totally denied the occurrence of kidnapping and rape through her statement as recorded under Section 164 of the Cr.P.C., rather she supported that she was assaulted and ousted by her parents and thereafter she went her own with petitioner, where, she solemnized her marriage out of her own sweet will. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence.

Learned APP appearing on behalf of the State, opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, as allegation of kidnapping and sexual assault is not available against this petitioner, as per statement of the victim, as recorded under Section 164 of the Cr.P.C. coupled with the fact that charge-sheet has already submitted, let the petitioner, above named, is directed to be released on bail in connection with Akbarpur P.S. Case No. 438 of 2021, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties

Patna High Court CR. MISC. No.72296 of 2022(2) dt.05-04-2023 3/3 of the like amount each to the satisfaction of learned Additional District and Sessions Judge-VI, Nawada/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) S.Katyayan/- U T