← Library
Patna High CourtCR. MISC./31501/2024bail granted

Rahul Kumar @ Rahul Ranjan v. The State Of Bihar

2024-07-31Mr. Justice Alok Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31501 of 2024 Arising Out of PS. Case No.-568 Year-2021 Thana- AGAMKUAN District- Patna ====================================================== Rahul Kumar @ Rahul Ranjan son of Birendra Sharma Village- Lari PSKurtha District- Arwal. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar For the Opposite Party/s :

Mr. Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Agamkuan P.S. Case No. 568/2021 registered for the offences punishable under Section 365 of the Indian Penal Code.

3. As per prosecution case, informant's daughter is said to have been kidnapped by the act of inducement and FIR has been lodged against owner of unknown mobile no.6205273872.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. The

Patna High Court CR. MISC. No.31501 of 2024(3) dt.31-07-2024 2/3 victim of the present case has been recovered and statement of her recorded on 14.03.2023 under Section 164 Cr.P.C. in which she stated that the petitioner is not in any way connected with the alleged occurrence, rather, victim left her house on her own will and resided at Danapur by taking room and earned her livelihood by working in clothes shop. Petitioner bears no criminal antecedent. He further submits that police has submitted final form on the basis of mistake of fact.

5. The learned A.P.P. for the State opposed the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, statement of victim recorded under Section 164 Cr.P.C. in which she stated that the petitioner is not found in any way connected with the alleged occurrence, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Patna City, Patna in

Patna High Court CR. MISC. No.31501 of 2024(3) dt.31-07-2024 3/3 connection with Agamkuan P.S. Case No. 568/2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Alok Kumar Pandey, J) amitkumar/- U T