Rahul Kumar @ Chikku Kumar @ Chiku v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29418 of 2018 Arising Out of PS. Case No.-159 Year-2018 Thana- KADAMKUAN District- Patna ====================================================== Rahul Kumar @ Chikku Kumar @ Chiku S/o Sri Rajesh Prasad Sao @ Rajesh Kumar, R/o near Harish Chandra Stadium, P.S.- Nawada, DistrictNawada. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashank Shekhar For the Opposite Party/s :
Mr. Sri Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-05-2018 Heard learned counsel for the petitioner and learned APP representing the State.
The petitioner seeks bail in connection with Kadamkuan P.S Case No. 159 of 2018 registered for the offences punishable under Sections 363 and 366 of the Indian Penal Code. Allegedly, Priya Kumari aged 17 years, the daughter of the informant, became traceless form her room and informant suspected the hands of the petitioner and other First Information Report named accused in her kidnapping. During investigation the statement of the victim girl has been recorded wherein she has stated her age 19
Patna High Court Cr.Misc. No.29418 of 2018(2) dt.18-05-2018 2/3 years and the learned Magistrate has also recorded her age 19 years. She has stated that Mittu the maternal uncle of the petitioner told her to come with him but he brought at Gaya where she was confined in Verma Lodge and she was not allowed to go to her house from Gaya. At Gaya the petitioner and his maternal uncle were present. Submission is of false implication and that only on suspicion the informant has implicated the petitioner, the victim girl in her statement has not stated anything specific regarding committing any overt act against the petitioner, the petitioner is suffering in custody since 24.03.2018 and, as such, the petitioner having no criminal antecedent deserves sympathetic consideration.
Learned A.P.P. submits that the investigation is still pending.
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 like amount each to the satisfaction of learned
Patna High Court Cr.Misc. No.29418 of 2018(2) dt.18-05-2018 3/3 Additional Chief Judicial Magistrate-VII Patna, in connection with Kadamkuan P.S. Case No.159 of 2018, 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) avin/- U T