Amar Raut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2313 of 2016 Arising Out of PS.Case No. -143 Year- 2015 Thana -BATHNAHA District- SITAMARHI ====================================================== Amar Raut, son of Raj Kumar Raut, Resident of Rupauli Ruphara, P.S. Bathnaha, District Sitamarhi.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Bimal Kumar For the Opposite Party : Mr. Dashrath Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-03-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Bathnaha P.S. Case No. 143 of 2015, registered under Section 363 and 366(A) of the Indian Penal Code.

The accusation is of kidnapping of daughter of the informant by this petitioner and others for the purpose of marriage.

Learned counsel appearing on behalf of the petitioner submits that the statement of victim Rani Kumari under Section 164 of Cr.P.C. was recorded in course of investigation on 12.06.2015 in which she has stated about presence of the petitioner along with Raj Kumar, Suresh Choudhary and Janki Paswan, but she has further stated that at

Patna High Court Cr.Misc. No.2313 of 2016 (3) dt.11-03-2016 2/2 that time, this petitioner made protest to not carrying her, but Janki Paswan forcibly took away and she was kept at the sasural of the petitioner, but they have not misbehaved with her. Thereafter, Police recovered the petitioner from there. Further submission is that, in fact, the victim was kidnapped by Pramod Paswan and Janki Paswan, but due to ulterior motive, the name of the petitioner has been implicated in this case. The petitioner having no criminal antecedent and he is in custody since 13.06.2015.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi in connection with Bathnaha P.S. Case No. 143 of 2015. Out of two sureties, one surety must be the close relative of the petitioner, who will file an affidavit showing his relation with the petitioner. (Rajendra Kumar Mishra, J) manish/- U T