Shivam Kumar @ Shuham Raj @ Subham Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10364 of 2020 Arising Out of PS. Case No.-469 Year-2019 Thana- RAMKRISHNANAGAR District- Patna ====================================================== SHIVAM KUMAR @ SHUHAM RAJ @ SUBHAM RAJ, aged about 19 years, Male, Son of Sri Ranjit Prasad, Resident of Mohalla - West Naya Chak, P.S.- Ramkrishna Nagar, Town and District- Patna. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Jayram Sharma, Advocate.

For the Opposite Party :

Mr.Akshay Lal Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences under Section 363 of the I.P.C. Later on, Section 376 of the I.P.C. was also added.

The prosecution case, in short, is that on 30.06.2019 at 4.00 P.M. the daughter of the informant, namely, Rani Kumari aged about 17 years, went out from her house but she did not

Patna High Court CR. MISC. No.10364 of 2020(3) dt.01-06-2020 2/3 return till 01.07.2019. She was searched nearby but she became traceless.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 08.01.2020 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has come in the present case on the disclosure made by the victim. The victim has been recovered. Her statement has been recorded under Section 164 Cr. P.C. No allegation of assault or physical abuse is alleged against the petitioner.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the facts and circumstances of the case and also the lockdown, the petitioner, above named, is directed to be released on bail on his personal bond to the satisfaction of learned A.C.J.M.-XIII, Patna, in connection with Ramkrishna Nagar P.S. Case No. 469 of 2019.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of four

Patna High Court CR. MISC. No.10364 of 2020(3) dt.01-06-2020 3/3 weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) U.K./- U T