Dhiraj Kumar Bharati @ Dhiraj Bharati v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71370 of 2019 Arising Out of PS. Case No.-69 Year-2019 Thana- CHAKIA District- East Champaran ====================================================== DHIRAJ KUMAR BHARATI @ DHIRAJ BHARATI S/O Mani Bharati Vill Panapur Tetriya P.S. Rajepur, Dist E. Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhannjay Kumar No 2 For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 363 and 366(A) of the Indian Penal Code.

Petitioner and one another named accused are said to have kidnapped the daughter of the informant while she had gone to appear in the examination at Muzaffarpur. It is submitted by learned counsel for the petitioner that the petitioner has no concern with the aforesaid

Patna High Court CR. MISC. No.71370 of 2019(2) dt.18-12-2019 2/3 occurrence. He has been falsely implicated in the case merely on suspicion and wrong information given by his enemies. Victim in her statement recorded under Section 164 of the Cr.P.C. has not stated about any occurrence of her kidnapping and has not named the petitioner in the alleged occurrence rather she has candidly stated that as she could not perform well in the third paper, so she left her house to Delhi and from there she went to Haryana to live there on a rent scaring her family members. Victim happens to be major as she has disclosed her age to be 22 years and the learned Magistrate has also found her age about 22 years. Petitioner has no criminal antecedent.

Learned APP for the State opposed the bail petition.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge, East Champaran at Motihari, in connection with Chakiya P.S. Case No. 69 of 2019, subject to the condition as

Patna High Court CR. MISC. No.71370 of 2019(2) dt.18-12-2019 3/3 laid down under Section 438 (2) of the Cr.P.C. (Prakash Chandra Jaiswal, J) amit/- U T