Patna High CourtCR. MISC./37730/2021bail granted

Rakesh Kumar v. The State Of Bihar

2021-12-13Mr. Justice Satyavrat Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37730 of 2021 Arising Out of PS. Case No.-10 Year-2021 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Rakesh Kumar, Son Of Om Prakash Paswan R/O Village- Ulao, Ward No. 3, P.S.- Muffasil (Singhaul O.P.), District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandan Kumar Kashyap- Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-12-2021 Heard the learned Advocate for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Muffasil (Singhaul) P. S. Case No.10 of 2021, instituted for the offences under Sections 366(A), 120B/ 34 of the Indian Penal Code.

The learned counsel for the petitioner submits that the petitioner is in custody since 07.01.2021, he is a person with clean antecedent and charge-sheet has been submitted in this case.

Allegation is of kidnapping the daughter of the informant aged about 16years.

Patna High Court CR. MISC. No.37730 of 2021(2) dt.13-12-2021 2/3 The learned counsel for the petitioner submits that a compromise has been entered into in between the parties and the informant has accepted the marriage of his daughter with the petitioner. It is further submitted that the victim in her statement recorded under Section 164 of the Cr.P.C. has not supported the prosecution case.

Learned A.P.P. Mr. Chandra Bhushan Prasad submits that neither the compromise petition nor the statement recorded under Section 164 of the Cr.P.C. is on record. As such, the learned counsel for the petitioner be directed to place the same by way of supplementary affidavit.

Considering the fact that the petitioner is in custody since 07.01.2021, he is a person with clean antecedent and charge-sheet has been submitted in this case, the petitioner, above-named, is directed to be released on bail on his furnishing bail-bonds in the sum of Rs. 5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Begusarai in connection with Muffasil (Singhaul) P. S. Case No.10 of 2021, provided the learned Court below is satisfied that the

Patna High Court CR. MISC. No.37730 of 2021(2) dt.13-12-2021 3/3 victim in her statement recorded under Section 164 of the Cr.P.C. has not supported the prosecution case. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T