Patna High CourtCR. MISC./81831/2024bail granted

Ajit Kumar v. The State Of Bihar

2024-12-04Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81831 of 2024 Arising Out of PS. Case No.-167 Year-2024 Thana- TARAIYA District- Saran ====================================================== Ajit Kumar S/o- Kali Charan Prasad Village- Ghurma Khakhe, Ghuraipur, P.S. Uchaka Gaon, Dist- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Rajani Kumari, Advocate For the Opposite Party/s :

Mrs.Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 04-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Taraiyan P.S. Case No. 167 of 2024, registered on 25.04.2024 for the alleged offences under Section 366A/34 of the Indian Penal Code.

3. As per prosecution case, the minor daughter of the informant went missing after she had gone to market. The informant named the petitioner and other co-accused persons who enticed her away with the intention of marriage.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The victim was never kidnapped and as there was love affair between the victim and the petitioner, both eloped and

Patna High Court CR. MISC. No.81831 of 2024(2) dt.04-12-2024 2/3 solemnized marriage. The victim girl has been staying in her matrimonial house with her parents-in-law. The statement of the victim girl was recorded under Section 164 of the Cr.P.C. under pressure and the police duped her in recording such statement saying that the petitioner would be released if such statement is given. Learned counsel further submits that the petitioner is a young boy of 21 years having clean antecedent. The petitioner is custody since 10.05.2024 and charge sheet has been submitted.

5. Learned APP opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the doubtful nature of allegation and further considering the period of custody of the petitioner, clean antecedent and submission of charge sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. Ist, Saran at Chapra/concerned Court in connection with Taraiyan P.S. Case No. 167 of 2024, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions : (i) One of the bailors will be a close

Patna High Court CR. MISC. No.81831 of 2024(2) dt.04-12-2024 3/3 relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) DKS/- U T