Patna High CourtCR. MISC./71749/2018bail granted

Santu @ Santu Rai v. The State Of Bihar

2018-12-11Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71749 of 2018 Arising Out of PS. Case No.-442 Year-2018 Thana- ARA NAWADA District- Bhojpur ====================================================== Santu @ Santu Rai S/o Arbind Rai R/o Village-Bechna,P.S. Piro,Distt.- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surendra Kumar Singh Ms. Sudha Chandra Ms. Tulika Singh For the Opposite Party/s :

Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-12-2018 Heard both sides.

The petitioner seeks bail in Ara Nawada P.S. Case No. 442 of 2018 registered under Section 366A of the Indian Penal Code.

The informant named altogether seven persons in the F.I.R. and alleged that they all kidnapped his sister. The learned counsel for the petitioner submits that petitioner is not named in the F.I.R. Even the victim after her recovery got statement recorded under Section 164 Cr.P.C. but did not disclose the name of the petitioner. The victim made specific allegation against only Dhiraj Kumar who took her to different place and establish physical relation with her. It is submitted that on the basis of the confession made by Kamlesh

Patna High Court Cr.Misc. No.71749 of 2018(2) dt.11-12-2018 2/2 Yadav and another accused, the name of the petitioner was disclosed. It appears that even the victim did not make any allegation against the petitioner and save and except the confessional statement of two co-accused, there appears no tangible evidence to connect the petitioner involved in kidnapping of the victim.

Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur, Ara in connection with Ara Nawada P.S. Case No.442 of 2018.

Saurabh/- (Prabhat Kumar Jha, J) U T