Rajesh Kumar @ Bhola v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17415 of 2021 Arising Out of PS. Case No.-678 Year-2020 Thana- NAGAR District- Vaishali ====================================================== RAJESH KUMAR @ BHOLA Son of Kameshwar Kevat @ Kameshwar Mahto R/o Village- Sampatchak, P.S.- Gopalpur, District- Patna, Biahr- PIN800007. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashutosh Singh, Adv.

For the Informant :

Mr. Prem Nath, Adv.

For the State : Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 28-09-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 365 and 366A of the Indian Penal Code.

As per the prosecution case, it is stated by the informant that on waking up in the morning, he found his 16 year old daughter to be missing. Inspite of all search, she was not to be found. Hence, the F.I.R.

It is submitted by learned counsel for the petitioner that the F.I.R. was registered against unknown. The name of the petitioner transpired in course of investigation. Subsequently, the daughter of the informant returned and her statement was recorded under section 164 Cr.P.C. It is submitted that the same is clearly a tutored statement. However, subsequently the differences between the parties have been settled. The petitioner

Patna High Court CR. MISC. No.17415 of 2021(3) dt.28-09-2021 2/2 submits that the daughter of the informant is an adult. The petitioner is in custody since 6.12.2020, he has no criminal antecedent and chargesheet has been submitted in the case. Heard learned A.P.P. for the State and learned counsel for the informant.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the contentions made on behalf of the petitioner, the petitioner having remained in custody for over 9 months and chargesheet having been submitted, the Court directs the petitioner to be enlarged on bail in connection with Hajipur (Town) P.S. Case no.678 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Hajipur (Vaishali).

(Partha Sarthy, J) Saurabh/- U T