Ramesh Kumar @ Ramesh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20026 of 2017 Arising Out of PS.Case No. -34 Year- 2017 Thana -WAJIRGANJ District- GAYA ====================================================== Ramesh Kumar @ Ramesh Singh Son of Late Umesh Kumar Singh, Resident of village - Sadipur, Karthi, Islampur, P.S. Konch, District - Gaya .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. A.K. Thakur, Advocate Mrs. Babita Kumari, Advocate For the Opposite Party/s : Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 20-06-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner is languishing in judicial custody since 04.02.2017 in connection with Wazirganj P.S. Case No. 34 of 2017 registered for the offence punishable under Section 366(A) of the Indian Penal Code.
The prosecution case is that on 19.01.2017 at about 11:30 A.M. daughter of the informant, namely, Khushi Kumari aged about 15 years had gone to Wazirganj for tuition, but she did not return home till 6:00 P.M. Thereafter, informant along with family members started searching her, but she could not be traced. At about 9:00 P.M. informant was informed on mobile that petitioner has kidnapped his daughter.
It has been submitted by the learned counsel for the
Patna High Court Cr.Misc. No.20026 of 2017 (4) dt.20-06-2017 2/2 petitioner that he is innocent, bears no criminal history and is a distant relative of the victim girl and has committed no offence as alleged in the First Information Report. It is further submitted that in fact loan was taken by the informant from the petitioner and due to non-payment of loan, false and concocted story has been built. It is further submitted that the victim girl in her statement under Section 164 Cr.P.C. has not alleged any overt act against the petitioner and her age as per medical report is 18-19 years and that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.
However, learned A.P.P. for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Gaya in connection with Wazirganj P.S. Case No. 34 of 2017. (Nilu Agrawal, J.) Arjun/- U T