Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6456 of 2023 Arising Out of PS. Case No.-237 Year-2022 Thana- KALYANPUR District- Samastipur ====================================================== RAHUL KUMAR SON OF RAMDEV SINGH @ RAM DEV PRASAD R/O VILLAGE- DARIYARPUR, BISHUNPUR, P.S.- SAMASTIPUR MUFFASIL, DISTRICT- SAMASTIPUR ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mahendra Pratap, Adv.

For the Opposite Party/s :

Mr.Abhay Kumar Roy, APP For the Informant :

Mr.Piyush Kumar Pandey, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-04-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner apprehends his arrest in a case registered for the offence punishable u/s 365/34 of the IPC and after investigation charge sheet was submitted u/s 302 of the IPC. The allegation against the petitioner is that he along with other accused persons have kidnapped the son of the informant. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case merely on suspicion. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. There is no eye-witness to

Patna High Court CR. MISC. No.6456 of 2023(2) dt.11-04-2023 2/2 the alleged occurrence. Earlier an U.D. case was lodged by the chaukidar. It is submitted that the chaukidar stated that actually, son of the petitioner died due to falling from the train. His dead body was recovered and enclosed postmortem report also reveals the same fact that cause of death is due to hard running object. Petitioner has no criminal antecedent. Learned APP for the State as well as learned counsel for the informant opposed the prayer for bail by submitting that the petitioner and others are involved in the alleged offence. Having regard to the facts and circumstances of the case, considering that the postmortem report has supported the U.D.

case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Kalyanpur P.S. Case No.237 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.