This oral order in a bail application grants regular bail to the petitioner, who is alleged to have kidnapped a minor for marriage. The court directed him to furnish a bail bond of Rs. 20,000 and two sureties of like amount.
Directed the petitioner to be enlarged on bail by furnishing a bond of Rs. 20,000 with two sureties of the like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.71376 of 2022
Arising Out of PS. Case No.-365 Year-2022 Thana- RAMKRISHNANAGAR District- Patna
======================================================
SURAJ KUMAR, Son of Sri Ritesh Kumar, R/V- Nonhi, P.S- Kako, DistJehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Anuj Kumar, Advocate For the Opposite Party/s : Mr.Md. Iftekhar Mahmood, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 19-04-2023
Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode.
Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner has preferred this application for grant of regular bail in connection with Ramkrishna Nagar P.S. Case No. 365 of 2022 dated 15.07.2022 registered for the offences punishable u/ss 365 and 366A of the Indian Penal Code.
As per the prosecution case, the petitioner is alleged to have kidnapped the minor daughter of the informant for the purpose of marriage.
Learned counsel for the petitioner has submitted that
Patna High Court CR. MISC. No.71376 of 2022(2) dt.19-04-2023 2/2
the petitioner is innocent and has falsely been implicated in this case. He has further submitted that there was love affair between the victim and the petitioner. Learned counsel has further submitted that the victim was not forced to have any illicit relationship with another person. Hence, no case under section 366A of the IPC is made out against the petitioner. The petitioner has got clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 22.07.2022.
Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna in connection with Ramkrishna Nagar P.S. Case No. 365 of 2022.
The application stands allowed.
(Chandra Prakash Singh, J)
Gautam/-
U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail.
Suraj Kumar
The State of Bihar
Chandra Prakash Singh
As recorded by the court registry
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