Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36310 of 2021 Arising Out of PS. Case No.-62 Year-2020 Thana- BOCHAHAN District- Muzaffarpur ====================================================== RAHUL KUMAR Son of Late Raju Sahani Resident of Village - Bahlolpur, PS - Bochaha, District - Muzaffarpur.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Ranjan For the Opposite Party/s :
Mr.A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-01-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding. The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. Heard learned counsel for the petitioner and the State through virtual mode.
The petitioner is apprehending his arrest in Bochaha P.S. Case No. 62 of 2020 registered under Sections 363/366 of the Indian Penal Code.
Allegedly, the informant's daughter aged about 16 years had gone to Line Hotel of the petitioner for bringing tea but she
Patna High Court CR. MISC. No.36310 of 2021(2) dt.25-01-2022 2/3 did not return. The informant suspected the hands of the petitioner in the alleged occurrence.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. The victim has been recovered and her statement u/S 164 Cr.P.C. was recorded in which, she has admitted that she had left the house out of her own sweet will. The victim has solemnized her marriage with the petitioner.
On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.
It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in covid cases.
Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or
Patna High Court CR. MISC. No.36310 of 2021(2) dt.25-01-2022 3/3 surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Sub Judge-Vthcum-ACJM-14th, Muzaffarpur in connection with Bochaha P.S. Case No. 62 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.
(Sudhir Singh, J) A.K.V.//- U T