Rajesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46476 of 2016 Arising Out of PS.Case No. -115 Year- 2016 Thana -SHEOHAR District- SHEOHAR ====================================================== Rajesh Rai Son of Sri Ram Dayal Rai Resident of Village-Kothiyan, P.S.- Sheohar, District-Sheohar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Adv. Mr. Anuj Kumar For the State : Mr. Sri Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-12-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered under Sections-363, 365, 366, 497, 498 and 379 of the Indian Penal Code.

Petitioner is named in the first information report but according to prosecution case itself, the alleged occurrence took place in the night of 10-07-2016 whereas; the written report was lodged on 15-07-2016 i.e. after five days of the alleged occurrence. The informant's son claimed himself to be eye witness of the alleged occurrence and stated that it was the petitioner and some unknown persons, who kidnapped his mother. However, in

Patna High Court Cr.Misc. No.46476 of 2016 (3) dt.06-12-2016 2/2 course of investigation, the statement of one Shivraj Rai and some others was recorded and the aforesaid witnesses stated that although the petitioner was involved in the kidnapping of the victim but in the night of alleged occurrence, he was found present in village after the said occurrence. The investigation against the petitioner has already been completed.

No doubt, the victim is still traceless but considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Sheohar P.S. Case No. 115 of 2016 to the satisfaction of learned Chief Judicial Magistrate, Sheohar.

(Hemant Kumar Srivastava, J) A.K.V./- U T