Patna High CourtCR. MISC./53549/2016bail granted

Rupesh Kumar v. State Of Bihar And ANR

2016-12-21Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53549 of 2016 Arising Out of PS.Case No. -235 Year- 2015 Thana -RIGA District- SITAMARHI ======================================================

1. Rupesh Kumar S/o Dharmendra Rai, Resident of Village- Kharka, P.S.- Sitamarhi, District- Sitamarhi.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Puja Kumari, W/o Rupesh Kumar, Daughter of Arun Rai, Resident of Village- Posua, Pataniya, P.S.-Riga, District- Sitamarhi. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Virendra Kumar For the Opposite Party/s : Mr. Sri Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 21-12-2016 In the light of the order of this Court, dated 14.12.2016, the petitioner and Opposite party No.2 are personally present. The petitioner had earlier filed an application seeking anticipatory bail being Cr. Misc. No. 7194 of 2016, which was rejected by an order, dated 15.03.2016. The allegation against the petitioner is of kidnapping the Opposite party No.2. Since the Opposite party No.2 was traceless till the passing of the order, dated 15.03.2016, the petitioner's application for anticipatory bail was rejected. The plea has been taken that the petitioner and Opposite party No.2 have married each other and they are living together as husband and wife. The Opposite party No.2 has given birth to a child out of said wedlock.

Considering the peculiar facts and circumstances, the second application seeks anticipatory bail is allowed. Let the petitioner above named in the event of his arrest/surrender within four weeks from today in the Court below be released 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 A.C.J.M., Sitamarhi in Riga P.S. Case No. 235 of 2015, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Chakradhari Sharan Singh, J) ArunKumar/- U