Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29052 of 2015 Arising Out of PS.Case No. -89 Year- 2014 Thana -MEHANDIA District- JEHANABAD ======================================================

1. Ravi Kumar S/o Baijnath Prasad Gupta Resident of village- Patwa Toli, P.S.- Daudnagar, Distt.- Aurangabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhananjay Kumar Pandey For the Opposite Party/s : Mr. C.Jawahar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-10-2015 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Mahendia P.S. Case No. 89 of 2014 registered for the offences punishable under Section 366(A)/34 of the Indian Penal Code. Allegedly the petitioner and other co-accused took away the daughter of the informant for dance programme but thereafter did not brought back her and, as such, it is presumed that he has kidnapped her with aid and assistance of co-accused for the purpose of marriage.

Submission is of false implication and that the victim has given her statement under Section 164 Cr.P.C. wherein she has not whispered any word regarding any sexual assault with her and

Patna High Court Cr.Misc. No.29052 of 2015 (3) dt.29-10-2015 2/2 the petitioner is suffering in custody since 15.03.2015 to which learned A.P.P. opposes by submitting that the victim is minor girl but fairly submits that she has not alleged regarding sexual assault with her by the petitioner or anybody.

In the facts and circumstances stated above, the petitioner, above named, is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned Judicial Magistrate, 1st Class, Jehanabad arising out of Mahendia P.S. Case No. 89 of 2014 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) sushma/- U