Patna High CourtCR. MISC./47745/2014bail granted

Rajesh Thakur @ Rajesh Sharma v. The State Of Bihar

2015-05-07Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47745 of 2014 Arising Out of PS.Case No. -157 Year- 2014 Thana -SAKRA District- MUZAFFARPUR ======================================================

1. Rajesh Thakur @ Rajesh Sharma Son of Shankar Thakur resident of village : - Bangra Banshidhar, P.S. - Kudhani, District : - Muzaffarpur. .... .... Petitioner

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Yugal Kishore For the Opposite Party : Mr. Gopesh Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-05-2015 Petitioner is languishing in custody since 03.08.2014 in a case registered for the offences punishable under Sections 363, 366(A) of the Indian Penal Code. The accusation is kidnapping the minor daughter of the informant when suspicion was raised against co-accused Mukesh Kumar Paswan who was also found missing since 02.04.2014, the day the victim went missing. In 164 Cr.P.C statement, in the initial paragraphs the victim has stated that she was not kidnapped rather she went with coaccused Mukesh Kumar Paswan of her own freewill. Though in the subsequent paragraphs she stated that she was being kidnapped by Manoj Thakur, Sajjan Thakur, Rajesh Thakur(petitioner), Raju Thakur, Thagan Pandit on 01.06.2014. Hence, the date of kidnapping as suggested by the victim is contrary to the date mentioned in the First Information report as 02.04.2014 when the victim went missing.

Patna High Court Cr.Misc. No.47745 of 2014 (3) dt.07-05-2015 2/2 Considering the inconsistencies between the 164 Cr.P.C statement of the victim and the First Information Report, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur in connection with Sakara P.S. Case No. 157 of 2014.

(Dinesh Kumar Singh, J) Shageer/- U T