Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8545 of 2019 Arising Out of PS. Case No.-414 Year-2017 Thana- RAMKRISHNANAGAR District- Patna ====================================================== RAKESH KUMAR, aged about 24 years, Male, Son of Paro Raut @ Parmanand Raut, Resident of Village- Barah Shinkaja, Police StationBelchhi, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 24-04-2019 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 363, 365 of the Indian Penal Code.

Informant who is father of the victim girl has alleged that on 28.12.2017 at about 4 p.m., his daughter who is about 17 years old had left her house to attend Kala Coaching Center and was found talking with Rakesh Kumar - petitioner and thereafter both became traceless. Allegation is that petitioner has induced away his daughter.

It has been submitted on behalf of the petitioner that the victim girl was examined medically and the Medical Board has assessed the age of girl as 19 years. There is no allegation

Patna High Court CR. MISC. No.8545 of 2019(4) dt.24-04-2019 2/3 of any forceful abduction of the victim. Petitioner has no criminal antecedent and earlier also, petitioner had moved before this Court for grant of regular bail which was rejected by the order as contained in Annexure 1 with a liberty to renew his prayer for bail after completing one year in custody. It has been submitted that petitioner is in custody since 10.01.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Ram Krishna Nagar P.S. Case No. 414/2017, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of

Patna High Court CR. MISC. No.8545 of 2019(4) dt.24-04-2019 3/3 bail of the petitioner.

(S. Kumar, J) Sanjay/- U T