Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78717 of 2024 Arising Out of PS. Case No.-211 Year-2024 Thana- GAURICHAK District- Patna ====================================================== Suraj Kumar Son Of Babu Chand Yadav @ Babu Anand Yadav Resident Of Village- Chhatuchak, Ps- Gaurichak, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-01-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Gaurichak P.S. Case No. 211 of 2024 instituted for the offence under Sections 363 & 366A of the Indian Penal Code. 3.

Prosecution case in short is that petitioner has abducted the daughter of the informant for the purpose of marriage.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 02-07-2024. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present

Patna High Court CR. MISC. No.78717 of 2024(3) dt.28-01-2025 2/2 case. There is delay of two days in lodging of the FIR. It is submitted that there is no whisper of sexual assault in the statement recorded under Section 164 of the Cr.P.C. Victim has refused for her medical examination. It is submitted that though FIR was registered under Section 363 & 366A of the IPC, but police after investigation has submitted charge sheet under Section 366 of the IPC against the petitioner. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Witnesses have supported the prosecution case, which fact finds mention at paragraph Nos. 10, 11 of the case diary.

7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, there being no cogent material against the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Gaurichak P.S. Case No. 211 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T