Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25947 of 2019 Arising Out of PS. Case No.-574 Year-2018 Thana- ARA NAWADA District- Bhojpur ====================================================== RAHUL KUMAR S/o Uttam Paswan R/o village- Bahiro, Ward No. 45, P.S.- Arrah (Nawada), District- Bhojpur (Arrah) ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Mithu Kumar @ Surya Shankar Paswan S/o Subhash Paswan R/o village- Bahiro, Ward No. 45, P.S.- Arrah (Nawada), District- Bhojpur (Arrah) ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Chandan Kumar Verma For the Opposite Party/s :
Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 14-08-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks bail in connection with Arrah (Nawada) P.S. Case No. 574 of 2018 for the offence under Sections 366 and 366(A)/34 of the Indian Penal Code. Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the F.I.R. has been lodged after lapse of 20 days from the date of occurrence without explaining the plausible delay. As a matter of fact, the victim in her statement recorded under Section 164 Cr.P.C. has stated that she voluntarily went to
Patna High Court CR. MISC. No.25947 of 2019(3) dt.14-08-2019 2/2 Delhi and performed marriage with the petitioner and she wants to live with the petitioner also, which is evident from Annexure-2. The petitioner has been languishing in custody since 18.01.2019.
Considering the facts and circumstances of the case, let the, above named, petitioner 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 Chief Judicial Magistrate, Bhojpur (Arrah) in connection with Arrah (Nawada) P.S. Case No. 574 of 2018. (Arvind Srivastava, J) brajesh/- U T