Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42507 of 2018 Arising Out of PS. Case No.-179 Year-2018 Thana- TURKAULIYA District- East Champaran ====================================================== Rahul Kumar, s/o Baleshwar Ram, r/o Village Majurahan P.S. Turkauliya (Raghunathpur O.P.) District East Champaran.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Patanjali Rishi For the Opposite Party/s :

Mr. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-07-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Turkauliya (Raghunathpur) P.S. Case no. 179 of 2018, registered under Section 366(A) of the Indian Penal Code. The accusation is that in the morning of 22.03.2018, minor daughter of the informant had gone to Bathan with breakfast for her grandfather, but in the way, six persons, including the petitioner, forcibly kidnapped her daughter, while at that time father of the informant reached there, but all the accused persons fled away. In the evening, informant Naresh Ram went to the house of Shivjee Ram, who disclosed that Milan Kumar Sah had taken his minor daughter at his house for the purpose of marriage. Thereafter, informant went to the house of Milan Kumar Sah then his father Mishree Lal Sah met with him and he told him that his daughter will be

Patna High Court Cr.Misc. No.42507 of 2018(2) dt.20-07-2018 2/2 returned within two days. Thereafter, Mishree Lal Sah talked with son Milan Kumar Sah on his mobile, but Milan Kumar Sah refused the return his daughter.

Learned counsel for the petitioner submits that, in fact, minor daughter of the informant left the house with Milan Kumar son of co-accused Mishree Lal Sah, but petitioner has falsely been implicated by the informant in this case, but later on, on knowing the real fact, informant filed a compromise petition in the Court of C.J.M. on 11.05.2018. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari, East champaran, in connection with Turkauliya (Raghunathpur) P.S. Case No. 179 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Rajendra Kumar Mishra, J) manish/- U T