Ritesh Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9084 of 2017 Arising Out of PS.Case No. -1 Year- 2017 Thana -TATARPUR District- BHAGALPUR ====================================================== Ritesh Gupta, Son of Late Bishnu Prasad Gupta, Resident of VillageHussainabad, Police Station- Mojahidpur in the district of Bhagalpur. .... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Prabhu Narayan Sharma For the Opposite Party/s : Mr. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-04-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Tatarpur P.S. Case No. 001 of 2017, registered under Sections 448 and 354(B)/34 of the Indian Penal Code.

The accusation is that the petitioner and one Pritam Kumar were apprehended by the informant and other at the time of carrying the daughter of the informant forcibly on boarding on a motorcycle.

Learned counsel for the petitioner submits that it would appear from the F.I.R. that the allegation is made against the petitioner and his associate about carrying the daughter of the informant on a motorcycle and both were apprehended, but the

Patna High Court Cr.Misc. No.9084 of 2017 (3) dt.06-04-2017 2/2 said motorcycle was not seized from the place of occurrence. Further submission is that petitioner has no criminal antecedent and he is in custody since 02.01.2017. Further submission is that similarly situated co-accused Preetam Kumar has already been granted privilege of bail by a co-ordinate Bench of this Court vide order dated 18.03.2017 passed in Criminal Misc. No. 7677 of 2017.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate, Bhagalpur in connection with Tatarpur P.S. Case No. 001 of 2017. Out of two sureties, one surety must be the close relative of the petitioner, who will file an affidavit showing his relation with the petitioner. (Rajendra Kumar Mishra, J) manish/- U T