Ajay Kumar Majhi @ Ajay Majhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71301 of 2019 Arising Out of PS. Case No.-37 Year-2019 Thana- MAHILA P.S District- West Champaran ====================================================== AJAY KUMAR MAJHI @ AJAY MAJHI Son of Nagina Majhi Resident of Village- Ahirani Tola, P.S.- Bagaha, District- West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Aditya Nath Jha For the Opposite Party/s :
Mr.Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in connection with Mahila P.S. Case No. 37 of 2019, registered under Sections 370 and 372/34 of the Indian Penal Code.
The accusation is that on 22.07.2019, minor daughter of informant Shamsher Alam was accompanied by Puspa Devi for marketing, but the daughter of the informant did not return to the house. Thereafter, informant started searching his daughter and came to know that Ajay Kumar (Petitioner), Jhuna Upadhyay and Munna Yadav were seen carrying his daughter boarding on motorcycle of Munna Yadav behind them Nagina Manjhi, Umrawati Devi, Harishankar Manjhi and Ram Chandra Manjhi were also seen. The
Patna High Court CR. MISC. No.71301 of 2019(2) dt.11-12-2019 2/2 informant raised suspicion about kidnapping of his minor daughter for the purpose of flash trading.
Learned counsel for the petitioner submits that in medical examination, the age of the victim, daughter of the informant, has been assessed in between 17 to 19 years. Further submission is that, in fact, the statement of the victim, daughter of the informant was recorded under Section 164 of the Cr.P.C. in which she has clearly stated about performing her marriage with this petitioner according to her sweet will. Moreso, the petitioner is in custody since 25.09.2019. Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Bagaha, West Champaran in connection with Mahila P.S. Case No. 37 of 2019. (Rajendra Kumar Mishra, J) manish/- U T