Rahul Kumar @ Rahul Kumar Bhagat, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27728 of 2019 Arising Out of PS. Case No.-843 Year-2014 Thana- SAHARSA District- Saharsa ====================================================== RAHUL KUMAR @ RAHUL KUMAR BHAGAT, S/O Late Dayanand Bhagat, R/O Village- Gogri P.S. and District- Khagariya at present resides in Naya Tola Line Bazar P.S. K.Hat, District- Purnea. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shiva Shankar Sharma For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 366(A), 34 of the Indian Penal Code in which section 376 IPC was added later on.

The prosecution case in short is that the accused persons forcibly abducted the minor daughter of the informant for the purpose of marriage.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 17.2.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been

Patna High Court CR. MISC. No.27728 of 2019(3) dt.07-05-2019 2/2 implicated in the present case. The matter has already been compromised between the parties. In pursuance of order dated 29.04.2019, the victim girl is present in the Court. She admits that she has got married with this petitioner and there are two children out of the said wedlock. She further admits that she does not want to pursue further this matter.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the same, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional Sessions Judge-cum- Special Judge, Saharsa in connection with POCSO Case No. 28/2014 arising out of Saharsa Sadar P.S. Case No. 843 of 2014.

(Sudhir Singh, J) Pankaj/- U T