Ranjan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85627 of 2019 Arising Out of PS. Case No.-45 Year-2019 Thana- KARAKAT District- Rohtas ====================================================== RANJAN SINGH Son of Bramheshwar Singh Resident of Village - Dhawani, P.S.- Karakat (Gorari), District- Rohtas ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Pd. Singh, (Sr. Advocate) :

Mr. Saket Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 16-01-2020 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant. Petitioner, who is in custody seeks bail in a case registered under Sections 363, 365, 366(A), 34 of the Indian Penal Code.

Informant who is the father of victim has alleged that his minor daughter on 28.02.2019 had gone to attend the tuition but thereafter did not return and even after much search she could not be located, however, he came to know that petitioner has kidnapped her in which his parents are also involved. It has been submitted on behalf of petitioner that the incident is of 28.02.2019 but FIR was instituted on 01.03.2019. Statement of victim girl was recorded by the learned Magistrate

Patna High Court CR. MISC. No.85627 of 2019(2) dt.16-01-2020 2/3 under Section 164 of Cr.P.C. who has assessed the age of the girl as 18 years and the victim has stated that she out of her own sweet will and volition had fled away with petitioner on 28.02.2019 and solemnized marriage with him thereafter went to Delhi and thereafter she came to police station alongwith father of the petitioner, she has expressed desire to live with petitioner and his family. Petitioner is in custody since 11.04.2019.

Learned Counsel for the informant has vehemently opposed the prayer for grant of regular bail to the petitioner stating therein that the time of occurrence the girl was married, as such offence under 363(A) is made out against the petitioner. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below, in connection with POCSO Case No. 61 of 2019 arising out of P.S. Case No. 45 of 2019 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

Patna High Court CR. MISC. No.85627 of 2019(2) dt.16-01-2020 3/3

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) veena/- U T