IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1988 of 2022

Arising Out of PS. Case No.-153 Year-2021 Thana- DORIGANJ District- Saran

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Abhishek Kumar S/O Ratan Saroj R/o village- Susuwahi Malviya Nagar

Colony, P.S.- Chitarpur, District- Varanasi (Uttar Pradesh)

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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with

CRIMINAL MISCELLANEOUS No. 3700 of 2022

Arising Out of PS. Case No.-153 Year-2021 Thana- DORIGANJ District- Saran

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Bittu Singh @ Satyam Raj Son of Lalan Kumar Gupta Resident of Village -

Bhairopur Doriganj, P.S.- Doriganj, Distt.- Saran (Chapra).

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

(In CRIMINAL MISCELLANEOUS No. 1988 of 2022)

For the Petitioner/s

:

Mr. Mukesh Kumar Singh, Advocate

For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP

For the Informant

:

Mr. Sushil Kumar Singh

(In CRIMINAL MISCELLANEOUS No. 3700 of 2022)

For the Petitioner/s

:

Mr. Mukesh Kumar Singh, Advocate

For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP

For the Informant

:

Mr. Sushil Kumar Singh

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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA

ORAL ORDER

3

18-07-2022

Cr. Misc. No. 1988 of 2022

Heard learned counsel appearing on behalf of the

petitioner and learned counsel appearing on behalf of the State.

Let the defect(s), if any, be removed within a period

of four weeks from today.

The petitioner seeks bail in connection with Doriganj

Patna High Court CR. MISC. No.1988 of 2022(3) dt.18-07-2022

2/8

P.S. Case No. 153 of 2021 registered for the offence under

Sections 363 and 366(A) of the Indian Penal Code.

The accused/petitioner is named in the F.I.R. and is in

custody since 26.10.2021.

The allegation against the petitioner is to kidnap the

daughter of the informant, alongwith other co-accused persons

for the purpose of illicit intercourse.

Learned counsel appearing on behalf of the petitioner

submitted that the entire allegation is false and concocted for the

reason that at the time of occurrence, the victim having love

affair with the petitioner. It is submitted that the victim

solemnized her marriage, with the petitioner out of her own

sweet will and her statement was recorded under the pressure of

her parents. It is submitted that a criminal writ was also filed on

behalf of the victim girl bearing Cr.W.J.C. No. 1009 of 2021

seeking relief through writ of mandamus to protect her from

parents, as she had all reason to believe, regarding threat to her

life, as she had married with the petitioner out of her own sweet

will. This writ was, subsequently, withdrawn by the victim. It is

further submitted that the marriage of the petitioner with the

victim girl was duly registered under Uttar Pradesh Marriage

Registration Rule, 2017 on 13.07.2021 and the marriage

Patna High Court CR. MISC. No.1988 of 2022(3) dt.18-07-2022

3/8

certificate was duly issued by the Marriage Registration

Officers, Varanasi. While travelling over the argument, it is

submitted that two out of four co-accused persons, having

similar allegations, have already been granted bail by one of the

learned Co-ordinate Bench of this Court through Cr. Misc.

No.733 of 2022 dated 19.05.2022. While concluding the

argument, it is submitted that petitioner is a man of clean

antecedent and, moreover, investigation in this case is complete

for which chargesheet has been submitted, as such, there is no

chance of tampering with the evidence.

Learned APP appearing on behalf of the State duly

assisted by learned counsel for the informant, while opposing

the prayer of bail, submitted that it is a case of gangrape where

the victim girl was kidnapped by the