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Patna High CourtCR. MISC./79198/2018bail granted

Rahul Chaudhary v. The State Of Bihar

2019-02-15Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79198 of 2018 Arising Out of PS. Case No.-150 Year-2017 Thana- PATORI District- Samastipur ====================================================== Rahul Chaudhary S/o- Ganga Bishun Chaudhary @ Ganga Bishanu Chaudhary, R/V- Siura, P.S.- Patory Dist- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar For the Opposite Party/s :

Mr. Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 15-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Patori P.S. Case No. 150 of 2017 registered under Sections 363, 366(A)/34 of the Indian Penal Code.

Petitioner is said to have kidnapped the minor daughter of the informant in association of other accused persons.

It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has no concern with the aforesaid occurrence. No such occurrence as alleged ever took place. The petitioner has been falsely implicated in this case at the instance of his enemy. The victim

Patna High Court Cr.Misc. No.79198 of 2018(3) dt.15-02-2019 2/2 in her statement recorded under Section 164 Cr.P.C. has candidly stated that the petitioner and one Rajesh Singh had taken her from the vegetable market on motorcycle for preparation of Aadhar card and after preparation of the same, they left her near the police station. The petitioner has no criminal antecedent and has been languishing in custody since 12.09.2018. Co-accused Rajesh Singh has been enlarged on bail by a co-ordinate Bench of this Court vide order dated 18.10.2017 passed in Cr. Misc. No. 49029 of 2017. On the other hand, learned APP opposed the bail prayer of the petitioner.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Samastipur in connection with Patori P.S. Case No. 150 of 2017.

(Prakash Chandra Jaiswal, J) rohit/- U T