Patna High CourtCR. MISC./47640/2016allowed

Rakesh Rai v. The State Of Bihar

2017-01-19Mr. Justice Aditya Kumar Trivedi2 pages

Patna High Court Cr.Misc. No.47640 of 2016 (05) dt.19-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47640 of 2016 Arising Out of PS.Case No. -110 Year- 2013 Thana -HATHAURI District- MUZAFFARPUR ====================================================== Rakesh Rai, son of Maheshwar Rai, resident of village-Berai, P.S. Hathauri, District-Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hans Lal Kumar -Advocate For the Opposite Party/s : Mr. Md. Fahimuddin-A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 19-01-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

For an occurrence having been committed in the Year 2013 whereunder victim Amrita Kumari aged about 11 years, who happens to be mentally retarded, was kidnapped. Petitioner's presence has been effected on 22.8.2016.

From perusal of case diary, it is evident that although in Paragraphs-15 and 16, there happens to be disclosure that alleged victim was recovered from village-Madarpur, but it has not been specified from whose place. It has got bearing in the background of the fact that after recovery of victim, she was examined under Section 164 Cr.P.C. (Paragraph-38) whereunder she had stated that police had brought her from the place of her Mausi.

Patna High Court Cr.Misc. No.47640 of 2016 (05) dt.19-01-2017 In the aforesaid facts and circumstances of the case, petitioner, Rakesh Rai is directed to 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 Mr. Santosh Kumar Jha, Judicial Magistrate, 1st Class, Muzaffarpur in connection with Hathauri P. S. Case no.110 of 2013, with a condition that bail bond will be accepted after framing of charge. (Aditya Kumar Trivedi, J) Vikash/- U T