Rakesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16997 of 2015 Arising Out of PS.Case No. -159 Year- 2014 Thana -MAHESI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Rakesh Kumar Son of Ekbal Rai @ Ram Ekbal Rai, resident of villageChak Nagari, P.S.- Mehsi, District- East Champaran .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Binod Kumar Mishra For the Opposite Party/s : Mr. Kanhaiya Kishore(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 26-08-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The petitioner is languishing in jail custody since 25.8.2014 in Mehsi P.S. Case No.159/14 for offences under Sections 363 and 366/34 of the I.P.C.
The prosecution case, in brief , is that the informant Sudama Devi belongs to village- Semra Ghat of East Champaran and her daughter Ruby Kumari is married. On 17.8.2014 at about 5P.M. when she had gone out side the house to ease out then the petitioner and other four persons kidnapped her daughter for purpose of illegal act and it might be possible they killed her, then she started searching on the information of villagers, but when her daughter was not found the present case was lodged.
Patna High Court Cr.Misc. No.16997 of 2015 (4) dt.26-08-2015 2/2 It has been submitted by the counsel for the petitioner that the petitioner has clean antecedent and he has been falsely implicated in this case. He has further submitted that under the statement of 164 Cr.P.C. the victim stated that she had love affairs with the petitioner and she had gone out with the petitioner on her own sweet will.
Under such circumstance, let the petitioner, Rakesh Kumar, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction J.M., 1st class, Sadar Motihari, East Champaran, in Mehsi P.S.Case No.159/14.
(Nilu Agrawal, J) AnilKrSinha/- U T