Raju Ram @ Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82917 of 2023 Arising Out of PS. Case No.-106 Year-2015 Thana- TARAIYA District- Saran ====================================================== 1.

Raju Ram @ Raju Kumar, aged about 23 years (Male), son of Rajeshwar Ram, resident of village- Aaku Chak, P.S.- Taraiya, Distt.- Saran at Chapra 2.

Mardul Ram @ Badshah @ Badshah Ram, aged about 46 years (Male), S/O Late Bishun Deo Ram, resident of village- Hemu Chapra, P.S.- Baikunthpur, Distt.- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 10-01-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners apprehend arrest in connection with Taraiya PS Case No.106 of 2015 dated 01.06.2015, instituted under Sections 366-A, 370 of the Indian Penal Code and Section 3⁄4 of the Prevention of Children from Sexual Offences Act.

3. The allegation against the petitioners is that they along with other accused persons had kidnapped the sister of the informant in the night of the alleged date of occurrence.

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. There was love affairs between the victim and Suraj Ram and both have solemnized marriage and are leading

Patna High Court CR. MISC. No.82917 of 2023(2) dt.10-01-2024 2/2 conjugal life as husband and wife. It is also submitted that the victim girl has given statement under Section 164 Cr. P.C. in which she has denied the allegation of her kidnapping. There is no whisper against the petitioners. It is also submitted that the petitioner no.1 is a friend of Suraj Ram, whereas, the petitioner no. 2 is the maternal uncle of Suraj Ram. From the impugned order, it appears that the age of the victim has been assessed as 19 years by the doctor. Lastly, it is submitted that the petitioners have no criminal antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ADJ, 1st, Saran at Chapra, in Taraiya PS Case No.106 of 2015, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

7. The application stands allowed.

(Khatim Reza, J) J. Alam/- U T