Ramdev Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.45787 of 2015 (2) dt.01-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45787 of 2015 Arising Out of PS.Case No. -80 Year- 2015 Thana -BARGANIA District- SITAMARHI ====================================================== Ramdev Rai, son of Late Dharkhan Rai, resident of Village- Parsauni, Police Station- Bairgania, District- Sitamarhi. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Anil Kumar, Adv. For the Opposite Party/s : Mr. Md.Ansarul Haque Sahara(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-10-2015 Heard both sides.

The petitioner seeks bail in Bairgania P.S. Case No. 80/2015, registered for the offences punishable under Section 366(A) and other Sections of the Indian Penal Code. The mother of the victim made allegation that her daughter aged about 14 years had gone to market for bringing some articles. Rakesh Kumar Rai is alleged to have threatened the victim of dire consequences and also threatened her to kidnap her. The informant named the petitioner and other accused persons and alleged that Rakesh Kumar Rai with the help of the petitioner kidnapped the victim.

It is submitted that the petitioner is maternal grand - father of Rakesh Kumar Rai. The informant herself is not an eye-

Patna High Court Cr.Misc. No.45787 of 2015 (2) dt.01-10-2015 witness of the occurrence. Except the suspicion that the petitioner also helped Rakesh Kumar Rai, there is no other material. The victim has sworn affidavit stating that she solemnized marriage with Rakesh Kumar Rai out of her free will.

On the other hand, learned counsel for the informant as well as learned Additional P.P. vehemently opposed the prayer for bail and submitted that the case is still under investigation. The Human Rights Commission gone through the matter and made enquiry in the case.

Having taken into consideration the fact that the informant only suspected that Rakesh Kumar Rai with the help of the petitioner and others kidnapped her daughter, the petitioner happens to be maternal grand-father of Rakesh Kumar Rai, the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Bairgania P.S. Case No. 80/2015.

(Prabhat Kumar Jha, J.) Rakhi/- U T