Rajnish Singh @ Rajnish Kumar @ Pappu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24154 of 2020 Arising Out of PS. Case No.-324 Year-2019 Thana- MANER District- Patna ====================================================== RAJNISH SINGH @ RAJNISH KUMAR @ PAPPU Son of Mahendra Singh @ Mahendra Prasad Singh Resident of Village - Baluah, Police Station - Maner, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Singh For the Opposite Party/s :
Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-09-2020 Heard Mr. Sanjay Kumar Singh, learned counsel for the petitioner and Mr. Nagendra Prasad, learned Additional Public Prosecutor appearing for the State through video conferencing.
Petitioner seeks regular bail in connection with Maner P.S. Case No. 324 of 2019 registered for the offence punishable under Section 366 (A) of the Indian Penal Code 1860 . The allegation against the petitioner as per the First Information Report is that petitioner abducted the daughter of the informant.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case with oblique motive. Learned counsel further submits that petitioner is about 55 years of age and is the friend of the informant and resides in the same village. Learned counsel further submits that fact of the matter is that the son of the petitioner and the daughter of the informant were in love and wanted to marry and since it
Patna High Court CR. MISC. No.24154 of 2020(2) dt.18-09-2020 2/3 were a inter caste marriage, the petitioner objected to the same which was not to the liking of the informant and his daughter. Learned counsel further submits that statement of the victim girl recorded under Section 164 Cr.P.C. does not inspire confidence inasmuch as from perusal of the same it appears that the petitioner allegedly took her to Delhi and left her on Station where the victim girl met with the son of the petitioner, who brought her to Patna on motorcycle, where she was caught by the Police. Learned counsel further submits that victim girl has accepted that the petitioner as well as the father of the victim girl are friends in her statement recorded under Section 164 Cr.P.C.
Learned counsel further submits that the victim girl in her statement has categorically stated that she was not physically assaulted by the petitioner. Learned counsel further submits that petitioner is in custody since 07.02.2020 and charge sheet has already been submitted by the Police and there is no likelihood that petitioner will abscond or tamper with the evidence.
Having regard to the submissions made by the parties , taking into consideration the materials available on record, the fact that charge sheet has already been submitted in this case and the petitioner is in custody since 07.02.2020 , I am inclined
Patna High Court CR. MISC. No.24154 of 2020(2) dt.18-09-2020 3/3 to grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Miss Nutan Kumari, learned J.M. 1st Class, Danapur, Patna / court concerned in connection with Maner P.S. Case No. 324 of 2019 on the following condition:- (i) that the petitioner shall remain present on each and every date during the course of trial and in case of default on two consecutive dates on the part of the petitioner, his bail bond shall be liable to be cancelled.
It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding lockdown and social distancing.
(Anil Kumar Sinha, J) praful/- U T