Rabindra Kumar Sah @ Rabindra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17807 of 2016 Arising Out of PS.Case No. -9 Year- 2016 Thana -BEGUSARAI TOWN District- BEGUSARAI ====================================================== Rabindra Kumar Sah @ Rabindra Kumar, Son of Narayan Sah, Resident of Ratanpur, Ward No. 21, P.S.- Town, District- Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar, Advocate For the Opposite Party/s : Mr. Rajendra Prasad Nat (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 05-05-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends arrest in connection with Town P.S. Case No. 09/16 for offences alleged under Sections 366 and 366-A of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that on 04.11.2015 at 08.30 A.M. petitioner enticed his daughter-in-law Renu Devi and grand-daughter Lalita Kumari aged 8 years and taken them somewhere and then they did not return. Informant claimed that petitioner enticed them with bad intention.

It has been submitted by the learned counsel for the petitioner that he is innocent and has not committed any

Patna High Court Cr.Misc. No.17807 of 2016 (2) dt.05-05-2016 2/3 offence as made out under Sections 366 and 366-A of the Indian Penal Code as the victim Renu Devi and her daughter Lalita Kumari in their statement under Section 164 Cr.P.C. have alleged that the petitioner used to assault them. It has further been submitted that the petitioner has no criminal antecedent, as is evident from paragraph 3 of this application and although the date of occurrence is 04.11.2015 but the First Information Report has been lodged after inordinate delay i.e. 06.01.2016. He further submits that an informatory petition being Informatory Petition No. 6429/15 has been filed by the father of petitioner on 27.11.2015 that there was some money transaction between the petitioner and informant side and there was certain threatening and abuse given by the petitioner's family.

However, learned APP for the State submits that petitioner is named in the First Information Report and had taken away the victim lady and her daughter, hence, opposes the prayer for bail.

Be that as it may, let petitioner, above named, in the event of his arrest or surrender before the court below within a period of eight weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief

Patna High Court Cr.Misc. No.17807 of 2016 (2) dt.05-05-2016 3/3 Judicial Magistrate, Begusarai, in connection with Town P.S. Case No. 09/16, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nilu Agrawal, J.) Rajesh/- U T