Ajay Singh v. The State of Bihar

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : : For the Informant/s ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER Mr. Indrajeet Bhushan, Advocate Mr. Arun Kumar, APP Mr. Sanjay Kumar Pandey No. 5, Advocate 4 04-07-2023 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 Bhorey P.S. Case No. 329 of 2022 registered for the offence under Sections 366-A/34 of the Indian Penal Code (in short ‘I.P.C.’). The accused/petitioner is named in the F.I.R. and is in custody since 11.10.2022. The allegation against the petitioner is to kidnap the Patna High Court CR. MISC. No.71301 of 2022(4) dt.04-07-2023 minor daughter of the informant, aged about 16 years, along with other co-accused persons/family members, for the purpose of illicit intercourse/marriage. Learned counsel appearing on behalf of the petitioner submitted that as love affairs of petitioner with victim not approved by the family members of the informant, being member of different caste, the present false implication was raised. It is submitted that it is apparent from the statement of victim,` as recorded under Section 164 of the Cr.P.C., that she was in love affairs with petitioner prior to three years of the occurrence. It also appears from the statement that victim out of her own sweet will solemnized marriage with this petitioner on

08.08.2022 and obtained a certificate bearing no. 2022140098981 of said effect. It is submitted that even the statement of victim suggesting that the implication is only for the reason that she came to know after the marriage that petitioner not belongs to her caste. While travelling over the argument learned counsel appearing on behalf of the petitioner submitted that as per the medical report of the victim, she was found between the age of 18-19 years and there is nothing which may suggest that rape was committed upon her save and except the pregnancy of victim, which is out of consensual Patna High Court CR. MISC. No.71301 of 2022(4) dt.04-07-2023 physical relation. It is also submitted that even the charge has not been framed in this case as of now, suggesting conclusion of trial a remote aspect. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation of this case has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP duly assisted by learned counsel, Mr. Sanjay Kumar Pandey No. 5 appearing on behalf of the informant, while opposing the prayer of bail, submitted that victim was minor at the time of occurrence and her consent is of no legal bearing. Considering the facts and circumstances as mentioned above, as implication of petitioner appears due to different caste, where victim appears to solemnized marriage with petitioner out of her own sweet will, as per her statement recorded under Section 164 of the Cr.P.C., coupled with the fact that charge- sheet has already submitted, where petitioner is in custody since

11.10.2022, accordingly, the above named petitioner is directed to be released on bail after framing of charge in connection with Bhorey P.S. Case No. 329 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like Patna High Court CR. MISC. No.71301 of 2022(4) dt.04-07-2023 amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. pooja/- U T (Chandra Shekhar Jha, J)