Vinay Kumar @ Vinay Kumar Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.39475 of 2014 (3) dt.14-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39475 of 2014 Arising Out of PS.Case No. -465 Year- 2013 Thana -MAHUA District- VAISHALI(HAJIPUR) ====================================================== VINAY KUMAR @ VINAY KUMAR RAI, SON OF RAM LALIT RAI, RESIDENT OF VILLAGE - MAHUA SINGHRAI, P.O. + P.S. - MAHUA, DISTRICT - VAISHALI.

.... .... PETITIONER.

VERSUS

THE STATE OF BIHAR .... .... OPPOSITE PARTY.

====================================================== Appearance :

For the Petitioner/s : Mr. Rajeev Ranjan Sinha For the Opposite Party/s : Mr. A. Haque Sahara (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-01-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Mahua P.S. Case No. 465 of 2013 registered under Sections 363, 365 and 452/34 of the Indian Penal Code.

Komal Kumari, aged about 14 years, daughter of informant, Ashok Singh, had gone to school on 05.12.2013 but she did not return. Thereafter informant raised suspicion against the petitioner and his two brothers about the kidnapping of his daughter.

Learned counsel for the petitioner submits that, in fact, victim, Komal Kumari, had performed the marriage with the petitioner, which would appear from her statement recorded under

Patna High Court Cr.Misc. No.39475 of 2014 (3) dt.14-01-2015 Section 164 of the Cr.P.C. in Mahua P.S. Case No. 437 of 2013, due to that reason the petitioner and his brothers have falsely been implicated in this case. Moreover, the victim in her statement as recorded on 13.12.2013 under Section 164 Cr.P.C has stated about her kidnapping by six unknown but anyhow she fled away. It is further submitted that petitioner is in custody since 02.05.2014. Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the J.M. Ist Class, Vaishali at Hajipur, in connection with Mahua P.S. Case No. 465 of 2013.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T