Jitendra Kumar Bin @ Jitendra Bin @ Jitu Bin @ Jitendra Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5309 of 2024 Arising Out of PS. Case No.-434 Year-2023 Thana- BUXAR MUFFSIL District- Buxar ====================================================== Jitendra Kumar Bin @ Jitendra Bin @ Jitu Bin @ Jitendra Choudhary S/O Mangaru Bin Village- Akhawaripur Gola, Ps. Buxar (M), Dist. Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rang Nath Choubey, Adv.

For the Opposite Party/s :

Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioner seeks regular bail in connection with Buxar (Muffasil) P.S. Case No. 434 of 2023, lodged on 07.10.2023 under Sections 365, 366(A), 34 of the Indian Penal Code.

3. As per the prosecution case, FIR has been lodged against four named accused persons including the present petitioner against whom there is an allegation that they have kidnapped the daughter of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the alleged victim was recovered and in her statement under section 164 Cr.P.C., she has disclosed that she went with the petitioner with her consent and no one has done

Patna High Court CR. MISC. No.5309 of 2024(2) dt.07-02-2024 2/2 anything wrong with her. Counsel further submits that in the medical report, the age of the victim girl was ascertained between 18-19 years.

5. Counsel for the petitioner submits that the antecedent of the petitioner is clean he is in custody since 09.10.2023. Counsel also submits that the charge-sheet has already been filed in this case.

6. Learned APP for the State and learned counsel for the informant vehemently opposes the prayer for bail of the petitioner and submits that the petitioner may not be granted bail due to the reason that at the time of alleged kidnapping, the victim girl was minor.

7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, but only after framing of charge, if not framed on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Buxar (Muffasil) P.S. Case No. 434 of 2023. (Dr. Anshuman, J.) Divyansh/- U T