Ranjit Rajbanshi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49522 of 2017 Arising Out of PS.Case No. -41 Year- 2017 Thana -CHHABILAPUR District- NALANDA (BIHARSHARIFF) ====================================================== Ranjit Rajbanshi, son of Puna Rajbanshi, resident of Village- Uday Pur, P.S.- Chhabila pur, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar, Advocate For the Opposite Party/s : Mr. Sri Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

This is a case registered under Section 366/34 of the Indian Penal Code.

The FIR arising out of a complaint filed by the father of the victim Siyanti Devi discloses that while the victim was coming from her 'Sasural' to her 'Naihar' she has been taken away by the co-accused persons including the instant petitioner. Counsel for the petitioner submits that the said Siyanti Devi (victim) in her statement under Section 164 Cr.P.C., said that she had gone along with the petitioner on her own volition and she is residing in Utter Pradesh. The said submission of the victim under Section 164 Cr.P.C., has been brought on

Patna High Court Cr.Misc. No.49522 of 2017 (2) dt.17-10-2017 2/3 record in the instant case as Annexure 2. He further submits that the petitioner is a man of clean antecedent and he has falsely been implicated in this case as from the statement of the victim it is apparent that she is living with the petitioner in Utter Pradesh after solemnizing marriage. Petitioner is in jail custody since 18.08.2017.

Counsel for the informant opposes the prayer for bail of the petitioner.

In the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate VII, Nalanda in Chhabila Pur P.S. Case No. 41 of 2017 subject to the conditions :

(i) That one of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the Petitioner.

(ii) That the Petitioner will give an undertaking that he will receive the police papers on the given date and be

Patna High Court Cr.Misc. No.49522 of 2017 (2) dt.17-10-2017 3/3 present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse.

(iii) That the Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Prakash/- U T