Meghu Rai @ Meghu Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18741 of 2020 Arising Out of PS. Case No.-497 Year-2019 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Meghu Rai @ Meghu Kumar Yadav Son of Shankar Rai Resident of Village - Ajam Chapra, P.S.- Ahiyapur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Jha For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

08-07-2020 Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video conferencing. This relates to grant of bail in Runisaidpur P.S. Case No. 497 of 2019 registered for the offence under Sections 363, 366(A) and 370 of the Indian Penal Code.

The prosecution case, as per F.I.R., is that the petitioner and other co-accused kidnapped the informant's minor daughter with a view to commit rape or throw her in the business of prostitution.

It is submitted on behalf of petitioner that petitioner is innocent and has falsely been implicated in this case. The alleged date of occurrence is 12-11-2019, whereas, F.I.R. has been lodged belatedly on 25-11-2019 and there is no explanation for the same. It is further submitted that the victim, in her statement recorded under Section 164 of the Cr.P.C.

Patna High Court CR. MISC. No.18741 of 2020(3) dt.08-07-2020 2/2 (Annexure - 2), has stated that petitioner has not kidnapped her. She has voluntarily gone with petitioner, because she loves him. The petitioner is in custody since 02-12-2019, having no criminal antecedent.

Considering the aforesaid facts and circumstances, the bail application is allowed.

Let the above-named petitioner be released 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 Chief Judicial Magistrate, Sitamarhi in connection with Runisaidpur P.S. Case No. 497 of 2019 on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.".

(Prabhat Kumar Singh, J.) anay U T