Patna High CourtCR. MISC./64787/2018bail granted

Rahul Kumar v. The State Of Bihar

2018-10-29Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64787 of 2018 Arising Out of PS.Case No. -255 Year- 2017 Thana -BHAWANIPUR District- PURNIA ======================================================

1. Rahul Kumar, Son of Raj Kumar Sah, Resident of Village- Akbarpur, P.S.- Bhawanipur (Akbarpur O.P.), District- Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bijendra Kumar Singh, Advocate For the Opposite Party/s : Mr Ajit Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The Petitioner seeks regular bail in connection with Special Case (POCSO) Act No. 88 of 2018/CIS No. 88 of 2018, arising out of Bhawanipur, P.S. Case No. 255 of 2017, registered for offences punishable under Sections 363, 364, 366 (A), 372 and 120(B) Indian Penal Code.

Allegation against the petitioner as per F.I.R. is that the petitioner along with other accused persons kidnapped the minor daughter of the informant.

Submission of the learned counsel for the petitioner is that the petitioner has falsely been implicated in this case and statement of the victim girl recorded under Section 164 Cr.P.C.

Patna High Court Cr.Misc. No.64787 of 2018 (2) dt.29-10-2018 2/2 has not supported the prosecution case and the petitioner has no criminal antecedent, moreover, he is in custody since 05.04.2018. Heard learned A.P.P also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/- ( Rupees Twenty five thousand)each with two sureties of the like amount each to the satisfaction of learned Special Judge, POSCO Act, Purnea in connection with Bhawanipur, P.S. Case No. 255 of 2017, subject to the following conditions:- i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. ii) The petitioner will not induce any witness or tamper with the evidence.

(Vinod Kumar Sinha, J) Sudha/- U T