Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16381 of 2020 Arising Out of PS. Case No.-19 Year-2018 Thana- RAJEPUR District- East Champaran ====================================================== Rahul Kumar Son of Kameshwar Singh Resident of Village - Fatehpur, P.S.- Rajepur, District- East Champaran at Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shankar Kumar For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-12-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State through video conferencing. The petitioner apprehends his arrest in Rajepur P.S. Case No. 19 of 2018 registered for the offence under Sections 366A, 372, 376, 302, 201, 120B of the Indian Penal Code. As per the prosecution case, on 26-04-2017 at about 9:00 PM, all the FIR named accused including this petitioner abducted the daughter of the informant on a Bolero and later on, killed her.

It is submitted on behalf of petitioner that in fact, petitioner is friend of co-accused Pappu Kumar and Pappu Kumar has already solemnised marriage with the victim, but unfortunately, after six months of marriage, while the victim was cooking, she caught fire and in course of treatment she died and taking advantage of this situation, the informant has lodged

Patna High Court CR. MISC. No.16381 of 2020(4) dt.01-12-2020 2/2 this case after lapse of about ten months. As per the prosecution case, the alleged occurrence has taken place on 26-04-2017, whereas FIR has been lodged on 03-02-2018. It is further submitted that co-accused Kameshwar Singh has already been granted anticipatory bail by this Court, vide order dated 06-01-2020 passed in Cr.Misc. No. 73291 of 2019. Petitioner has no criminal antecedent, which fact has been stated in paragraph - 3 of the petition.

Considering the aforesaid facts and circumstances, the bail application of petitioner is allowed. In the event of his arrest or surrender within a period of eight weeks from the date of receipt/production of copy of this order, let the above-named petitioner be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sadar, East Champaran at Motihari in connection with Rajepur P.S. Case No. 19 of 2018, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Prabhat Kumar Singh, J.) anay/- U T