Ranjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83677 of 2019 Arising Out of PS. Case No.-111 Year-2018 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== RANJEET KUMAR Son of Ram Kedar Singh Resident of Village - Kohkar, P.S.- Kochas, District - Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prashant Kumar For the Opposite Party/s :

Mr.Ansar Ul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 02-07-2020 Heard learned counsel for the petitioner and learned Addl. Public Prosecutor for the State. This application for grant of anticipatory bail arises out of Buxar (Industrial) Area P.S. Case No. 111 of 2018, disclosing offence under Sections 366(A)/34 of the Indian Penal Code.

The victim herself is the informant. According to the F.I.R., she was minor on the date of occurrence and was kidnapped by four persons named in the F.I.R., including the petitioner on 17.05.2018 from her house in Buxar. She was allegedly taken to Himachal Pradesh by the miscreants, where, she was kept in a room. It is also alleged that one of her cousins reached, where the victim was confined allegedly by the

Patna High Court CR. MISC. No.83677 of 2019(3) dt.02-07-2020 2/3 accused persons and took her from there to Ludhiyana. Consequently, she was brought back to her house in the district Buxar whereafter the F.I.R. came to be registered on 22.06.2018.

Learned counsel appearing on behalf of the petitioner has drawn my attention to the statement of the victim recorded under Section 164 of the Cr.P.C., and has submitted that the case of the prosecution as disclosed is highly improbable. He has further submitted that inordinate delay in lodging the F.I.R. casts serious doubt over the veracity of the prosecution's story. He has submitted that according to her own case, the informant was traced by her cousin, soon after she was kidnapped. Had that been so, there was no justification for her to lodge the F.I.R. nearly one month thereafter. On perusal of the First Information Report and the statement of the informant recorded under Section 164 of the Cr.P.C., I find substance in submission made on behalf of the petitioner, this application is accordingly allowed.

Let the petitioner above named in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.83677 of 2019(3) dt.02-07-2020 3/3 satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Buxar (Industrial Area) P.S. Case No. 111 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) AKASH/- U T