Patna High CourtCR. MISC./36632/2024bail granted

Deepak Kumar Ray @ Deepak Kumar v. The State Of Bihar

2024-07-31Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36632 of 2024 Arising Out of PS. Case No.-4 Year-2024 Thana- MUSRIGHRARI District- Samastipur ====================================================== Deepak Kumar Ray @ Deepak Kumar S/o Shivji Ray @ Shivjee Ray VillageRahimpur Rudauli P.S.- Samastipur Muffasil District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Pratap, Advocate For the Opposite Party/s :

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Musrigharari Police Station Case No. 04 of 2024 registered for the offence punishable under Sections 363 and 366 / 34 of the Indian Penal Code.

3. As per allegation in the FIR, it is a case of kidnapping of the daughter of the informant on the pretext of marriage.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. He next submits that during course of investigation, the victim was recovered and she was examined under Section 161 of the Cr.P.C. by the Investigating Officer and in her statement recorded under Section 161 of Cr.P.C., the

Patna High Court CR. MISC. No.36632 of 2024(3) dt.31-07-2024 2/2 victim did not whisper any word against the present petitioner. She has specifically made allegation against other co-accused person and not against this petitioner. In her Statement recorded under Section 164 of the Cr.P.C., there is no specific allegation of sexual assault against the present petitioner. He further submits that the petitioner is in custody since 14.02.2024.

5. However, learned APP for the State vehemently opposed the prayer for regular bail.

6. Considering the facts and circumstances of the case, let 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 Chief Judicial Magistrate, Samastipur in connection with Musrigharari P.S. Case No. 04 of 2024.

(Ramesh Chand Malviya, J) saurabhkr/- U T