Ranjan Kumar Vs The State Of Bihar — Cheating and Forgery | Patna HC (2024)

Ranjan Kumar Vs The State Of Bihar — Cheating and Forgery | Patna HC (2024)

What the court decided

AI extract

Outcome

Prayer for bail allowed: petitioner directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each, subject to five specified conditions.

Issue for consideration

Whether the petitioner, Ranjan Kumar, should be enlarged on bail in connection with Desari (Chandpura O.P.) P.S. Case No. 217 of 2023, registered for offences punishable u/s 341/323/406/379, 377/504/34 IPC.

Court's answer

Bail granted: considering the facts and circumstances of the case and the fact that charge has been framed against the petitioner, the petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each, to the satisfaction of the learned court below where the case is pending/the Successor Court, in connection with Desari (Chandpura O.P.) P.S. Case No. 217 of 2023.

Ratio / Principle

The bail is subject to five conditions: (1) one bailor must be a close relative of the petitioner giving on affidavit the genealogy and undertaking to inform the court of any change in the petitioner's address; (2) the bailor shall state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature, thereafter the court below being at liberty to initiate cancellation proceedings for misuse; (3) the petitioner shall remain physically present in court on each and every date during trial, and on failure on two consecutive dates without sufficient reasons his bail bonds shall be liable to cancellation; (4) the petitioner shall co-operate with the investigation if not already concluded, failing which the State may move for cancellation of bail; (5) the petitioner shall appear before the police station of his local area in the first week of each month till disposal of the case.

Detailed headnote1 paragraphs

Criminal Miscellaneous No. 43053 of 2024 (Patna High Court, oral order dated 06-12-2024, Anjani Kumar Sharan, J): bail granted to Ranjan Kumar s/o Devendra Ray in connection with Desari (Chandpura O.P.) P.S. Case No. 217 of 2023 (Thana Desari, District Vaishali), registered for offences punishable u/s 341/323/406/379, 377/504/34 IPC. Allegation: the petitioner assured the informant of marriage, took her to Indore (Madhya Pradesh) for changing her sex and had unnatural physical relation with her, later refused to marry her, following which his family members abused and assaulted her and snatched her golden chain. Petitioner's counsel submitted that investigation (case diary paras 9-10) revealed the informant to be a male child studying in a local primary school, that the petitioner was working at Trichur, Tamilnadu at the relevant time, that charges were framed on 23.08.2024, and that the petitioner, having no criminal antecedent, was in custody since 13.02.2024; the learned APP opposed the prayer. Considering the facts and circumstances and the framing of charge, the court enlarged the petitioner on bail on a bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each, subject to five conditions: a close-relative bailor with affidavit of genealogy and address-change undertaking; affidavit undertaking to report any fresh similar accusation against the petitioner; physical presence in court on every trial date, failing which on two consecutive dates without sufficient reason the bonds are cancellable; co-operation with any continuing investigation; and appearance before the local police station in the first week of each month till disposal.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.43053 of 2024

Arising Out of PS. Case No.-217 Year-2023 Thana- DESARI District- Vaishali

======================================================

Ranjan Kumar Son of Devendra Ray R/O Vill.- Mahipura, P.S.- Jandaha, Mahisor, Dist.- Vaishali

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Awadhesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Rajendra Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

6 06-12-2024

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with a case registered for the offence punishable u/s 341/ 323/ 406/ 379, 377/ 504/ 34 of IPC.

As per allegation, the petitioner gave assurance to the informant that he will marry her and then took her away to Indore, Madhya Pradesh for changing her sex and also made unnatural physical relation with her. Thereafter, he refused to marry the informant and when informant went to petitioner’s house, all family member abused and assaulted her and snatched her golden chain.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence as

Patna High Court CR. MISC. No.43053 of 2024(6) dt.06-12-2024 2/3

alleged in the FIR. No offence as alleged has ever taken place. All the allegations leveled against the petitioner are false and fabricated. It is further submitted that petitioner along with his brother-in-law was working at Trichur, Tamilnadu and he was not present at the time of alleged occurrence. Petitioner has been falsely implicated in this case because he refused to perform marriage with informant. From para 9 and 10 of the case diary, it is clear that the during investigation, it is revealed that informant is male child and studying in local primary school. Charges has been framed against the petitioner on 23.08.2024. The petitioner has no criminal antecedent and he is under custody since 13.02.2024.

Learned APP for the State opposed the prayer for bail.

Considering the facts and circumstances of this case and the fact that charge has been framed against the petitioner, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/the Successor Court, in connection with Desari (Chandpura O.P.) P.S. Case No. 217 of 2023 with the following conditions:-

(1) One of the bailors will be own close relative of the petitioner who will give on affidavit genealogy as to how he is relative to petitioner. The bailor will also undertake to inform the

Patna High Court CR. MISC. No.43053 of 2024(6) dt.06-12-2024 3/3

court if there is any change in the address of the petitioner.

(2) The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.

(3) The petitioner shall remain physically present in the court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded and make himself available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(5) The petitioner shall appear before the Police Station of his local area in the first week of each month till the disposal of the present case.

(Anjani Kumar Sharan, J)

priyanka/-

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