Santosh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79145 of 2024 Arising Out of PS. Case No.-292 Year-2024 Thana- DHAKA District- East Champaran ====================================================== Santosh Ram S/o- Ranjan Ram Resident of Village- Musachak Balua, P.S. Bairgania, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 24-02-2025 Heard learned counsel for the petitioner and Mr. Chandra Sen Prasad Singh, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 137(2), 96 of the Bharatiya Nyaya Sanhita Act.

3. The case of the prosecution is that the informant received an information that his daughter was being kidnapped by the petitioner, he started following him and he found that the petitioner was taking away the daughter of the informant and when he caught him, he told that he will marry his daughter. Meanwhile, the local persons and police arrived there and the petitioner was handed over to police.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has

Patna High Court CR. MISC. No.79145 of 2024(3) dt.24-02-2025 2/3 falsely been implicated in this case. He has got no criminal antecedent. It is also submitted that the age of the victim is 22 years as her date of birth according to birth certificate is 26.07.2002. The victim has given her statement under Section 180 of the BNSS, wherein she has stated that the petitioner has send her friend request to which she has accepted and after that she was on talking terms with him. She has further stated that he has threatened the victim to follow him, failing which, he will kill her brothers. On this threatening, she has followed the petitioner. It is next submitted that there was affair between the petitioner and the victim and she has given her Statement under Section 180 of the BNSS on the pressure of father. It is further submitted that the petitioner is languishing in judicial custody since 11.07.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Dhaka P.S. Case No. 292 of 2024 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.79145 of 2024(3) dt.24-02-2025 3/3 each to the satisfaction of learned S.D.J.M., Sikarhana at Dhaka, East Champaran, Motihari.

(Ashok Kumar Pandey, J) Sudhanshu/- U T