Patna High CourtCR. MISC./52957/2015bail granted

Rajesh Kumar Rai v. The State Of Bihar

2015-11-30Justice Smt. Anjana Mishra2 pages

Patna High Court Cr.Misc. No.52957 of 2015 (2) dt.30-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52957 of 2015 Arising Out of PS.Case No. -251 Year- 2015 Thana -TAJPUR District- SAMASTIPUR ====================================================== Rajesh Kumar Rai Son of Raj Kumar Rai Resident of village- Chandauli, P.S.- Tajpur (Waini), District- Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dilip Kumar Roy For the Opposite Party/s : Mr. Md.Arif(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 30-11-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Tajpur (Waini) P.S. Case No. 251 of 2015 registered for the offences punishable under Sections 363, 366, 366A and 120B/34 the Indian Penal Code.

Learned counsel for the petitioner submits that though there is allegation against the petitioner having kidnapped the minor girl, namely, Rashmi Kumari but the victim, Rashmi Kumari in her statement made under Section 164 Cr.P.C. stated that she had herself gone to Vaishno Devi, Katra with her friend without informing her friends and that no one had kidnapped her In view of the fact that though the girl has been recovered and the allegation made against the petitioner is not

Patna High Court Cr.Misc. No.52957 of 2015 (2) dt.30-11-2015 substantiated by the statement made by the victim girl under Section 164 Cr. P.C. and that petitioner has no criminal antecedent, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st Class, Samastipur in connection with Tajpur (Waini) P.S. Case No. 251 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C..

(Anjana Mishra, J) Jagdish/- U T