Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25685 of 2019 Arising Out of PS. Case No.-7 Year-2019 Thana- SHASTRINAGAR District- Patna ====================================================== RAHUL KUMAR, Male, aged about 25 years, Son of Sri Sunil Singh Resident of Village - Khaira Tali Sadani Chak, Post - Mittanchak, P.S. - Parsa Bazar, District - Patna, Bihar ... Petitioner

Versus

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

For the Petitioner :

Mr. Pratyush Kumar, Adv.

For the Opposite Party :

Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 29-04-2019 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State. The petitioner is languishing in judicial custody since 10.01.2019 in connection with Shastri Nagar P.S. Case No. 7 of 2019 (G.R. No. 68 of 2019) for the offences alleged under Sections 363 and 365 of the Indian Penal Code. The prosecution case, as lodged by the informant, is that his daughter, Anisha Kumari, went to coaching, but, did not return. In the evening, he received a call on his mobile from a mobile number 8434283603 that his daughter has been kidnapped.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and he and the victim-girl were just friend, which has been stated by the victim-girl in her statement under Section 164 of the

Patna High Court CR. MISC. No.25685 of 2019(2) dt.29-04-2019 2/2 Criminal Procedure Code, which is Annexure 2. No overt-act has been alleged by the victim-girl and she went out of her own sweet will to the house of the petitioner without the permission of her parents.

However, the learned Additional Public Prosecutor for the State opposes the prayer for bail.

Considering the nature of allegations and the statement of the victim-girl under Section 164 of the Criminal Procedure Code as well as the clean antecedent of the petitioner, as stated in paragraph 3 of the present application, 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 in connection with Shastri Nagar P.S. Case No. 7 of 2019 (G.R. No. 68 of 2019) to the satisfaction of the learned Sub Judge, IV, Patna, or the successor Court. (Nilu Agrawal, J) Shamshad/- U T