IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39324 of 2020

Arising Out of PS. Case No.-140 Year-2020 Thana- JAGDISHPUR District- Bhojpur

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Krishna Ram Son of Lalbabu Ram, Resident of Village- Jagdishpur, Chik

Toli, Ward No. 4, P.S.- Jagdishpur, District- Bhojpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr.Rajani Ranjan Pd. Singh

For the Opposite Party/s :

Mr.Asha Devi

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH

ORAL ORDER

2

29-10-2021

Let the defect(s) be removed within two weeks of the

complete start of the physical Court in normal course.

Heard the parties through video conferencing.

Heard learned counsel Mr. Rajani Ranjan Prasad,

appearing on behalf of the petitioner and learned APP Smt. Asha

Devi, appearing on behalf of the State.

The present pre-arrest petition for anticipatory bail in

connection with Jagdishpur P.S. Case No. 140 of 2020

registered under Sections 363, 366(A), 379/34 of the Indian

Penal Code.

The prosecution case in brief is that one Allauddin

Kuresi gave his written report on 17.06.2020 before the police

stating therein that on 15.06.2020 his niece namely Farhan

Khatoon had gone in the house of Rajkumar Tatva and she did

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not return then he went in the house of Rajkumar Tatva and he

did not find his niece and Rajkumar Tatva then he went in to

house of the Krishna Ram who was also not present. It is

further alleged that Rajkumar Tatva had kidnapped his niece

with the help of petitioner and his brother Kanhiya Ram.

Learned counsel appearing on behalf of the petitioner

submits that his brother Kanhaiya Ram has also been named in

the F.I.R and he has been granted regular bail by the Court

below. Learned counsel for the petitioner further submits that

Victim Farhan Khatoon has filed an affidavit in which she has

mentioned that she has already married with Rajkumar Tatva

and in the said affidavit she herself has mentioned her date of

birth as 01.01.2001 from which it appears that she is not minor.

Learned APP appearing on behalf of State states that

there is no specific statement in the petition as to whether the

victim has been recovered or not as on date.

Considering the facts and circumstances of the case

and the submission made by the petitioner’s counsel that the

victim has already married with one Rajkumar Tatva and the

said fact is being substantiated from the order of the Court

below that an affidavit has been sworn by victim Farhan

Khatoon stating therein that she has married to one Rajkumar

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Tatva, this Court is inclined to grant anticipatory bail to the

petitioner.

Having regard to the facts and circumstances of the

case, let the above named petitioner be released on anticipatory

bail, in the event of his arrest or surrender before the Court

below within four weeks from today, on furnishing bail bond of

Rs.10,000/- (rupees ten thousand) with two sureties of the like

amount each to the satisfaction of the learned Chief Judicial

Magistrate, Bhojpur at Ara in connection with Jagdishpur P.S.

Case No. 140 of 2020, subject to the conditions laid down under

Section 438(2) of the Code of Criminal Procedure, 1973.

Niraj/-

(Purnendu Singh, J)

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