Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 27683 of 2020 Arising Out of PS. Case No.-82 Year-2020 Thana- ISLAMPUR District- Nalanda ====================================================== Rajesh Kumar S/o Sadhu Saran Prasad @ Saryu Sharan Prasad Resident of Village-Makhdumpur, P.S-Ben, District-Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sandeep Kumar, Adv.

Mr. Dilip Kumar, Adv.

For the Opposite Party/s :

Dr. Ajit Kumar, APP For the informant : Smt. Kiran Kumari, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-12-2020 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant through video conferencing.

The instant application for regular bail has been filed by the petitioner in connection with Ishlampur P.S. Case No.82 of 2020 registered under sections 366 and 363A of the Indian Penal Code.

As per allegation in the FIR, the petitioner was caught making an attempt of kidnapping the two and half years old child of the informant. He was beaten up and on enquiry disclosed his name as Rajesh Kumar.

It is submitted by the petitioner that the allegation as levelled in the F.I.R. are false and concocted. It is submitted that while he was trying to assist the child who was asking to return

Patna High Court CR. MISC. No. 27683 of 2020(3) dt.02-12-2020 2/2 home, under mistaken fact by the persons present, he was understood to be a kidnapper and assaulted. It is submitted that he is in custody since 11.2.2020 and besides one other case under the Excise Act which was also instituted on the same date, he has no other criminal antecedent. Investigation in the case has concluded.

The application for bail is opposed by learned APP for the State and learned counsel for the informant has also appeared. It is submitted by learned counsel for the informant that the misunderstanding between the parties, has been removed.

Having heard learned counsel for the parties and taking into consideration the submissions made on behalf petitioner together with the petitioner being in custody since 11.2.2020, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Ishlampur P.S. Case No.82 of 2020 on his furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Civil Court, Hilsa, Nalanda. (Partha Sarthy, J) Bibhash/- U T