Rahul Kumar @ Munna @ Munna Kumar @ Rahul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20167 of 2017 Arising Out of PS.Case No. -79 Year- 2016 Thana -BELSAND District- SITAMARHI ====================================================== Rahul Kumar @ Munna @ Munna Kumar @ Rahul, Son of Manindar Prasad @ Munindra Kumar, Resident of Village- Pandrahi, Police StationBelsand, District- Sitamarhi. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Verma For the Opposite Party/s : Mr. Sri Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-05-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks regular bail in connection with Belsand P.S. Case No. 79 of 2016, registered for offences punishable under sections 363, 366(A) and 120/34 of the Indian Penal Code.

Allegedly, co-accused Md. Saddam forcibly dragged Neha Kumari, aged 15 years, the sister of the informant, from the bus and kidnapped her. The petitioner and other co-accused were also with him.

Submission is of false implication and that statement of the victim girl has been recorded under section 164 of the

Patna High Court Cr.Misc. No.20167 of 2017 (2) dt.15-05-2017 2/2 Cr.P.C. wherein she has not supported the allegation of kidnapping. Co-accused Md. Saddam has been allowed bail vide Cr. Misc. No. 12143 of 2017 and as such, the petitioner who is suffering in custody since 18.3.2017 also deserves sympathetic consideration.

Learned A.P.P. fairly submits that Md. Saddam has been allowed bail by a coordinate Bench of this court. 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 learned Chief Judicial Magistrate, Sitamarhi, in connection with Belsand P.S. Case 79 of 2016, subject to the conditions that one of the bailors must be a 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) Ravi/- U T