Ajay Rishideo v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26303 of 2018 Arising Out of PS. Case No.-15 Year-2017 Thana- JANKINAGAR District- Purnia ====================================================== Ajay Rishideo, son of Kailash Rishideo, Resident of Village-Beltari Mushahari tola P.S. Janki Nagar, District Purnea. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Bhola Prasad, Adv.

For the Opposite Party/s :

Mr. Ram Anurag Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 03-05-2018 Heard Sri Bhola Prasad, learned counsel for the petitioner and Sri Ram Anurag Singh, learned Addl. Public Prosecutor.

The sole petitioner, who is in custody since 13.09.2017 in Sessions Trial No.47 of 2018 arising out of Jankinagar P.S. Case No.15 of 2017 registered for the offence under Section 366(A) of the Indian Penal Code , has prayed for grant of bail .

Learned counsel for the petitioner submits that the victim girl had gone with the petitioner with her own will and subsequently the informant, who is husband of Ward Member of Ward no.1, belatedly has filed written report as if the petitioner had kidnapped his daughter. However, the daughter of the informant had filed a petition in the court below

Patna High Court Cr.Misc. No.26303 of 2018(2) dt.03-05-2018 2/3 vide Annexure-2 to the petition, wherein it was indicated that she had solemnised marriage with the petitioner with her own consent and she wanted to live with her husband ( petitioner). Learned counsel for the petitioner further submits that after several months, the victim was shown to be recovered from the house of the petitioner and, thereafter, while she was in custody of her parents, her statement under Section 164 Cr.P.C. was recorded on 18th September,2017, in which she took u-turn , however she did not allege anything save and except the fact that the petitioner had kidnapped her.

Learned Addl. Public Prosecutor has opposed the prayer for bail.

However, fact remains that in the case F.I.R. was lodged much after the date of occurrence and after several months her statement under Section 164 Cr.P.C. was recorded. From Annexure-2 to the petition also, it appears that the victim had willingly gone with the petitioner.

Be that as it may, considering the nature of accusation, let the petitioner, namely, Ajay Rishideo, be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Presiding Officer, F.T.C. no.2, Purnea in connection

Patna High Court Cr.Misc. No.26303 of 2018(2) dt.03-05-2018 3/3 with Sessions Trial No.47 of 2018 arising out of Janki Nagar P.S. Case No.15 of 2017.

(Rakesh Kumar, J) nawalkrs/- U T